Montana Code Annotated 1999

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     90-11-101. Legislative policy. (1) Whereas, a considerable portion of the citizens of the state of Montana are members of the Indian race; and
     (2) Whereas, in the course of the past 80 years these Indian citizens of the state of Montana have been driven from their native valleys and plains and are at present living and residing upon reservations set apart for such purposes by the United States of America, and by virtue of that 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 will be served by the fostering of a program which is designed to establish and place our Indian citizens in a position to take their rightful place in our society and assume the rights, duties, and privileges of full citizenship and as Indians, 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, agencies of the federal government retain jurisdiction on Indian reservations in the state of Montana of 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
     (6) Whereas, there are sizeable numbers of off-reservation Indians residing in our state of both enrolled and unofficial tribal descent (landless) whose needs for environmental assistance are borne 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 as regards jurisdiction of Indian people, and since state responsibility is effected with off-reservation Indians and since those Indians require assistance to coordinate their affairs with various tribal groups and federal agencies where they have no official recognition;
     (8) Then therefore, let it be resolved that the coordinator of Indian affairs should assess the problems of all Indians to include those who reside off known reservations and who seek ways and means of communicating their opinions and needs to agencies of responsibility and that the coordinator should actively assist them in organizing their efforts and that he act as representative and spokesman for organized bodies of Indian people, whether reservation or off-reservation classification, whenever his assistance is required.

     History: En. Sec. 1, Ch. 203, L. 1951; amd. Sec. 1, Ch. 319, L. 1969; amd. Sec. 1, Ch. 160, L. 1974; R.C.M. 1947, 82-2701; MCA 1979, ; redes. by Sec. 20, Ch. 274, L. 1981.

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