HOUSE BILL NO. 427

INTRODUCED BY R. JORE

A BILL FOR AN ACT ENTITLED: "AN ACT TERMINATING THE STATE-TRIBAL HUNTING AND FISHING COOPERATIVE AGREEMENT BETWEEN THE CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD INDIAN RESERVATION AND THE STATE OF MONTANA; ELIMINATING THE PROVISION THAT AN AGREEMENT NEGOTIATED BETWEEN THE STATE AND THE TRIBES DOES WHAT IS NECESSARY TO GRANT TO TRIBAL INDIANS FREE STATE PERMITS TO HUNT AND FISH OFF RESERVATION ON OPEN AND UNCLAIMED LANDS OR TO ALLOW INDIANS TO HUNT WITHOUT LICENSES, PERMITS, OR STAMPS; REQUIRING THE TRANSFER TO THE TRIBAL COUNCIL OF FUNDS EQUAL TO FISH AND WILDLIFE VIOLATION FINES AND RESTITUTION UNDER CERTAIN CIRCUMSTANCES; PROVIDING ADDITIONAL STATUTORY CRITERIA TO BE APPLIED UPON A RENEGOTIATION OF THE AGREEMENT; AMENDING SECTION 87-1-228, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE."

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

Section 1. Section 87-1-228, MCA, is amended to read:

"87-1-228. Agreement with Indians concerning hunting and fishing -- Indian treaty of 1855. (1) Whereas, by treaty of July 16, 1855, between the United States of America and the confederated tribes of the Flathead, Kootenai, and Upper Pend Oreille Indians, the tribes have certain rights to fish and hunt; and whereas, it appears to be to the common advantage of the state and Indian tribes to cooperate in matters involving hunting and fishing. Therefore, the department may negotiate and conclude an agreement with the council of the Confederated Salish and Kootenai tribes of the Flathead Indian reservation for the purpose of:

(a) authorizing individuals to serve on a state-tribal cooperative board to develop hunting and fishing regulations and reimbursing those individuals' expenses pursuant to 2-18-501 through 2-18-503;

(b) issuing jointly with the council hunting and fishing licenses, permits, and stamps under terms established by mutual agreement. Except for licenses issued under the provisions of subsection (1)(f), these joint licensing and permit requirements supersede the general licensing and permit requirements set forth in this title.

(c) authorizing all revenue collected from the sale of joint licenses, permits, and stamps to be remitted to the council for the purpose of a fish and wildlife program;

(d) transferring to the council an amount equal to all fines and restitution collected in state court for fish and wildlife violations occurring on land that belongs to the Confederated Salish and Kootenai tribes or the tribe's enrolled members and is:

(i) held by the United States in trust; or

(ii) subject to a restriction against alienation imposed by the United States;

(e) providing that joint licenses, permits, and stamps apply to nontribal persons who wish to hunt and fish on tribal lands;

(f) providing that persons who wish to hunt on nontribal lands within the boundaries of the reservation may do so by purchasing the applicable Montana state licenses and authorizing all revenue received through the sale of those licenses to be remitted to the state;

(g) policing Indian and other lands for the protection of fish and game and providing responsibility for redress of fish and game violations to state or tribal courts; and

(h) in general carrying out the purposes of this section.

(2) Any agreement entered into under subsection (1) must also satisfy the requirements of Title 18, chapter 11.

(3) Prior to concluding any agreement under this section, the department shall hold public meetings, after proper public notice of the meetings has been given and the proposed agreement has been made available for public review, to afford an opportunity to comment on the contents of the agreement."

NEW SECTION. Section 2. Notice of termination of agreement. (1) Pursuant to part XII of the state-tribal cooperative agreement between the Confederated Salish and Kootenai tribes of the Flathead Indian reservation and the state of Montana by and through the department of fish, wildlife, and parks of the state of Montana, signed November 9, 1994, the state of Montana hereby notifies the confederated tribes of the state's intent to terminate the agreement effective 120 days after receipt by the tribes of a copy of [this act].

(2) It is intended that after that date, the state of Montana, by and through the department of fish, wildlife, and parks, negotiate and conclude an agreement with the council of the Confederated Salish and Kootenai tribes of the Flathead Indian reservation for the purposes of implementing 87-1-228.

(3) The secretary of state shall send a copy of [this act] by certified mail to the Confederated Salish and Kootenai tribes of the Flathead Indian reservation.

NEW SECTION. Section 3. Effective date -- applicability. [This act] is effective on passage and approval and applies 120 days after receipt of a copy of [this act] by the Confederated Salish and Kootenai tribes of the Flathead Indian reservation.

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