HOUSE BILL NO. 608
INTRODUCED BY WINDY BOY, BALLANTYNE, BERGREN, BIXBY, CALLAHAN, P. CLARK, CYR, DICKENSON, DOWELL, FRANKLIN, HANSEN, JACOBSON, JAYNE, JENT, JUNEAU, LAMBERT, MUSGROVE, NEWMAN, PEASE, RASER, ROUSH, SMALL-EASTMAN, SMITH, WEISS, FORRESTER, WANZENRIED
AN ACT RELATING TO THE GOVERNMENT-TO-GOVERNMENT RELATIONSHIP BETWEEN THE MONTANA INDIAN TRIBES AND THE STATE OF MONTANA; PROVIDING FOR TRIBAL CONSULTATION IN THE DEVELOPMENT OF STATE AGENCY POLICIES THAT DIRECTLY AFFECT INDIAN TRIBES; AUTHORIZING CERTAIN STATE EMPLOYEES TO RECEIVE ANNUAL TRAINING; PROVIDING FOR ANNUAL MEETINGS BETWEEN STATE AND TRIBAL OFFICIALS; AND REQUIRING AN ANNUAL REPORT BY A STATE AGENCY.
WHEREAS, the Legislature recognizes the right of tribes to self-government; and
WHEREAS, the Legislature supports tribal sovereignty and self-determination; and
WHEREAS, the Legislature recognizes the fundamental principle and integrity of the government-to-government relationship between the State of Montana and the Indian Nations of Montana; and
WHEREAS, the Legislature supports strengthening communications and building collaborative relationships that will benefit both the Indian Nations and the State of Montana.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Definitions. As used in [sections 1 through 3], the following definitions apply:
(1) "State agency" means a department, board, or commission of the executive branch of state government.
(2) "Tribal government" means the officially recognized government of any tribe or nation.
(3) "Tribal officials" means the elected or appointed officials of a tribal government.
(4) "Tribe" means an Indian tribe that is recognized by federal law or formally acknowledged by the state.
Section 2. Guiding principles. In formulating or implementing policies or administrative rules that have direct tribal implications, a state agency should consider the following principles:
(1) a commitment to cooperation and collaboration;
(2) mutual understanding and respect;
(3) regular and early communication;
(4) a process of accountability for addressing issues; and
(5) preservation of the tribal-state relationship.
Section 3. Training and consultation. (1) At least once a year, the department of justice and a trainer selected by the tribal governments shall provide training in Helena or a site mutually agreed upon to state agency managers and key employees who have regular communication with tribes on the legal status of tribes, the legal rights of tribal members, and social, economic, and cultural issues of concern to tribes.
(2) At least annually, the governor may convene in Helena a full-day, working meeting at which the governor, representatives of state agencies, and tribal officials, including chiefs and tribal presiding officers, shall:
(a) review the policies that directly impact tribal government and tribal populations that are proposed for adoption by the state agencies and recommend changes to the policies; and
(b) discuss issues of concern to the state and the tribes and formulate solutions.
(3) By December 15 of each year, a state agency shall submit a report to the governor and to each tribal government on the activities of the state agency relating to tribal government and tribal populations. The report must include:
(a) any policy that the state agency adopted under subsection (2)(a);
(b) the name of the individual within the state agency who is responsible for implementing the policy;
(c) the process that the state agency has established to identify the programs of the state agency that affect tribes;
(d) the efforts of the state agency to promote communication and the government-to-government relationship between the state agency and the tribes;
(e) the efforts of the state agency to ensure tribal consultation and the use of American Indian data in the development and implementation of agency programs that directly affect tribes; and
(f) a joint description by tribal program staff and state staff of the training required under subsection (1).
Section 4. Codification instruction. [Sections 1 through 3] are intended to be codified as an integral part of Title 2, chapter 15, and the provisions of Title 2, chapter 15, apply to [sections 1 through 3].
Section 5. 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.
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