2007 Montana Legislature

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HOUSE BILL NO. 56

INTRODUCED BY D. GALLIK

BY REQUEST OF THE DEPARTMENT OF COMMERCE

 

A BILL FOR AN ACT ENTITLED: "AN ACT REMOVING THE LIMITATION ON COAL BOARD GRANTS TO INDIAN TRIBES THAT IS BASED ON A PERCENTAGE OF THE TOTAL GRANT MONEY AVAILABLE; AMENDING SECTION 90-6-209, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 90-6-209, MCA, is amended to read:

     "90-6-209.  Limitations on grants. (1) The board may commit itself to the expenditure of funds for more than 1 year for a single project, but the board may not obligate funds not yet appropriated by the legislature. The total amount of grants to state agencies, except grants made pursuant to 90-6-205(4)(b), and Indian tribes may not exceed 7% of the total money allocated to the board during each fiscal year.

     (2)  A grant to an Indian tribe under 90-6-205 may not be approved by the board unless:

     (a)  the governing body of the tribe has agreed:

     (i)  to waive its immunity from suit on any issue specifically arising from the transaction of a grant obtained under this part; and

     (ii) to the adjudication of any dispute arising out of the grant transaction in the district court of the first judicial district of the state of Montana; and

     (b)  approval of the transaction has been obtained from the secretary of the United States department of the interior whenever approval is necessary."

 

     NEW SECTION.  Section 2.  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.

 

     NEW SECTION.  Section 3.  Effective date. [This act] is effective on passage and approval.

- END -

 


Latest Version of HB 56 (HB0056.01)
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