HOUSE BILL NO. 374
INTRODUCED BY B. EGGERS, BIXBY, FRITZ, GALVIN-HALCRO, GUTSCHE, JAYNE, JUNEAU, PEASE
AN ACT REVISING THE LAWS RELATING TO THE LEGISLATIVE POLICY AND DUTIES OF THE OFFICE OF STATE COORDINATOR OF INDIAN AFFAIRS; AMENDING SECTIONS 90-11-101 AND 90-11-102, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 90-11-101, MCA, is amended to read:
"90-11-101. Legislative policy. The legislature finds and declares that:
(1) Whereas, a considerable portion of the citizens of the state of Montana are members of the Indian race American
Indians; and
(2) Whereas, in the course of the past 80 years since statehood, these Indian citizens of the state of Montana have been
driven from their native valleys and plains and are at present living and residing lived upon on reservations set apart for
such those purposes by the United States of America, and by virtue of that isolation their isolation and of supervision by the
federal government, great problems of economic and social significance have arisen and presently exist, and no suitable
progress has been made to solve such problems by reason of the fact that the Indians and those who are attempting to aid
them in the solution of their problems have never been able to present a coordinated and united effort in solving such
problems; and
(3) Whereas, it is hereby declared that it is the legislative policy of this state that the best interests of the Indians
Montana Indian tribes will be served by the fostering of a program which is engaging in government-to-government
relationships designed to establish and place our Indian citizens in a position to take their rightful place in our society and
assume the recognize the rights, duties, and privileges of full citizenship and as that Indians, are entitled to as citizens of
this state it is therefore necessary that a state office of the coordinator of Indian affairs be established so that the problems
of the Indians of Montana can be approached and reconciled from a state level in cooperation with the United States of
America; and
(4) Whereas, because the tribes are domestic dependent nations, agencies of the federal government retain jurisdiction
on Indian reservations in and a fiduciary duty throughout the state of Montana of for the administration of economic, social,
health, education, and welfare programs for Indians; and
(5) Whereas, Indians who reside off reservations generally qualify for participation in federal programs but are often
prohibited from voting on tribal affairs and for tribal officers; and
(5) unique differences exist between the tribes, their reservations, customs, and treaties, and their respective relationships with the federal government, all of which influence the relationships among tribes and between the tribes and the state;
(6) Whereas, there are sizeable numbers of off-reservation enrolled and unenrolled Indians residing in our state of both
enrolled and unofficial tribal descent (landless) whose needs for social, environmental, educational, and economic
assistance are borne in part by state and local agencies, and these needs are derived from problems shared by all Indians,
whether they reside on reservations or not, and in consideration of their desire for official voice and representation in
seeking solutions to their problems; and
(7) Whereas, programs of the state of Montana should not duplicate those supported by agencies of the federal
government or tribal governments as regards with regard to jurisdiction of Indian people, and since because state
responsibility is effected includes with off-reservation Indians and since because those Indians require assistance to
coordinate their affairs with various tribal groups and federal agencies where they have no official recognition;
(8) the state and the tribes working together in a government-to-government relationship and engaging in compacts and other cooperative agreements for the benefit of Indian and non-Indian residents will promote economic development, environmental protection, education, social services support, and enduring good will;
(8)(9) Then therefore, let it be resolved that to facilitate the discussion and resolution of issues and concerns that Indian
tribes have in relation to the state, the federal government, and among themselves, the coordinator of Indian affairs should
shall:
(a) maintain effective tribal-state communications;
(b) assess the problems of all Indians to include those who reside off known reservations and who tribal and individual
Indian concerns and interests to seek ways and means of communicating their opinions and needs these concerns and
interests to relevant state agencies of responsibility and to the legislature and that the coordinator should actively assist
them in organizing their these efforts; and that he
(c) act as representative and spokesman a liaison for organized bodies of tribes and Indian people, whether reservation
or off-reservation classification the Indian people reside on or off reservations, whenever his assistance is required;
(10) the coordinator of Indian affairs shall endeavor to assist tribes to seek agreements between the state and tribes and to work toward a consensus among the tribes and other parties on shared goals and principles."
Section 2. Section 90-11-102, MCA, is amended to read:
"90-11-102. (Temporary) Duties and assistance. (1) It is the duty of the state coordinator of Indian affairs to carry out the legislative policy set forth in 90-11-101.
(2) The state coordinator shall:
(a) meet at least quarterly with tribal governments and become acquainted with the problems confronting the Indians of Montana;
(b) meet with executive branch directors on issues arising between Montana's Indian citizens, tribes, and state agency personnel and programs;
(c) report to the governor's cabinet meeting concerning issues confronting Indian people and tribal governments;
(b)(d) advise the legislative and executive branches of the state of Montana of those problems and issues;
(c)(e) make recommendations for the alleviation of those problems and issues;
(d)(f) serve the Montana delegation in the federal congress as an adviser and intermediary in the field of Indian affairs;
(e)(g) act on behalf of as a liaison for representative Indian organizations and groups, public and private, whenever the
state coordinator's support is solicited by tribal governmental entities;
(f)(h) serve on the state-tribal economic development commission established in 90-1-131;
(g)(i) report in detail at every meeting of the interim committee of the legislature having jurisdiction over the office of
the coordinator those actions taken by the state-tribal economic development commission established by 90-1-131 to carry
out its duties; and
(h)(j) hire, with the concurrence of the other members of the state-tribal economic development commission, a tribal
business center coordinator and a federal grants coordinator, and subsequently provide administrative support for both
positions.
(3) All executive and legislative agencies of state government may within the area of their expertise and authority
provide assistance to tribal councils or their official designees requesting assistance on any matter relating to coal
education, health, natural resources, and economic development on Indian reservation lands and may make an appropriate
charge for that assistance. (Terminates June 30, 2001--sec. 19, Ch. 512, L. 1999.)
90-11-102. (Effective July 1, 2001) Duties and assistance. (1) It shall be is the duty of the state coordinator of Indian
affairs to carry out the legislative policy set forth in 90-11-101.
(2) He The state coordinator shall acquaint himself:
(a) meet at least quarterly with tribal governments and become acquainted with the problems confronting the Indians of
Montana, and he shall;
(b) meet with executive branch directors on issues arising between Montana's Indian citizens, tribes, and state agency personnel and programs;
(c) report to the governor's cabinet meeting concerning issues confronting Indian people and tribal governments;
(d) advise the legislative and executive branches of the state of Montana of those problems and issues and shall;
(e) make recommendations for the alleviation thereof of those problems and issues;. He shall also
(f) serve the Montana delegation in the federal congress as an adviser and intermediary in the field of Indian affairs; and
shall
(g) act as spokesman for as a liaison for representative Indian organizations and groups, public and private, whenever
his the state coordinator's support is solicited by tribal governmental entities.
(3) All executive and legislative agencies of state government may within the area of their expertise and authority
provide assistance to tribal councils or their official designees requesting such assistance on any matter relating to coal
education, health, natural resources, and economic development on Indian reservation lands and may make an appropriate
charge therefor."
Section 3. Notification to tribal governments. The secretary of state shall send a copy of [this act] to each tribal government located on the seven Montana reservations and to the Little Shell band of Chippewa.
Section 4. Effective date. [This act] is effective on passage and approval.
- END -
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