HOUSE BILL NO. 107
INTRODUCED BY B. EGGERS
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING FOR THE EQUITABLE DISTRIBUTION OF FEDERAL
SPORTING GOODS EXCISE TAX AID IN SPORT FISH RESTORATION AND FEDERAL AID IN WILDLIFE
RESTORATION PROGRAM REVENUE BETWEEN THE STATE AND MONTANA TRIBAL GOVERNMENTS FOR
WILDLIFE MANAGEMENT AND FISH MANAGEMENT PURPOSES; REQUIRING THAT AUTHORIZING
EXPENDITURE OF UP TO 7 PERCENT OF THE FEDERAL SPORTING GOODS EXCISE TAX AID IN SPORT FISH
AND WILDLIFE RESTORATION PROGRAM REVENUE THAT IS RETURNED AVAILABLE TO THE STATE BE
SPENT BY THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS ON TRIBAL WILDLIFE AND FISH
MANAGEMENT PROGRAMS; CREATING THE TRIBAL NATURAL RESOURCES COUNCIL AND PRESCRIBING
COUNCIL MEMBERSHIP AND DUTIES; PROVIDING THAT THE COUNCIL DETERMINE RECOMMEND
DISTRIBUTION OF STATE-FUNDED PROJECTS FOR TRIBAL WILDLIFE AND FISH MANAGEMENT
PROGRAMS AND ENSURE ACCOUNTABILITY FOR THE PROJECTS; AND PROVIDING AN EFFECTIVE DATE."
WHEREAS, the recreationists of Montana, both on and off of reservations, pay federal excise taxes on sporting goods; and
WHEREAS, a portion of the federal excise taxes on sporting goods paid in Montana is returned
APPORTIONED to the state and is administered by the Department of Fish, Wildlife, and Parks, earmarked
for purposes of wildlife and fish management in Montana; and
WHEREAS, the various tribal governments of Montana also maintain programs of wildlife and fish
management for the benefit of Montana wildlife and fish on reservations, but presently receive none of
the federal excise tax revenue that is returned to the state; and
WHEREAS, wildlife and fish management on reservations would be greatly enhanced if the tribes were to receive part of the tax revenue for tribal management programs; and
WHEREAS, as a matter of equity, Montana tribes are entitled to a portion of the federal excise tax revenue on sporting goods for tribal wildlife and fish management programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Equitable distribution of federal sporting goods excise tax AID IN SPORT
FISH RESTORATION AND FEDERAL AID IN WILDLIFE RESTORATION PROGRAM revenue. As part of
its administrative duties, upon receipt of money for wildlife or fish management based on the payment of
federal sporting goods excise taxes, the department shall expend from the account provided for in
87-1-601(1)(b) UP TO 7% of the federal sporting goods excise tax revenue returned AID IN SPORT FISH
RESTORATION AND FEDERAL AID IN WILDLIFE RESTORATION PROGRAM FUNDS APPORTIONED annually
to Montana for eligible tribal wildlife and fish management programs, as recommended by the tribal
natural resources council created in [section 2]. Money spent by the department pursuant to the
recommendations of the tribal natural resources council for tribal wildlife and fish management
programs must be expended FOR PUBLIC BENEFITS in conformity with all applicable federal regulations
REQUIREMENTS and in the manner provided in [sections 1 through 5 4].
NEW SECTION. Section 2. Tribal natural resources council created -- membership -- purpose. (1) There is a tribal natural resources council.
(2) The tribal natural resources council comprises nine members, as follows:
(a) one appointed by the tribal council of each of the seven tribes in Montana;
(b) one indigenous, nonenrolled resident of a reservation, who shall reside continuously on a reservation during the term of office on the tribal natural resources council, to be chosen by the tribal members of the council; and
(c) one member who is a representative of the department.
(3) A tribal member may be a member of a tribe's natural resources committee.
(4) Tribal natural resources council members shall serve voluntarily and without compensation.
(5) The tribal natural resources council is created for the express purpose of:
(a) accepting state-funded IDENTIFYING NEEDS FOR projects for tribal wildlife and fish management
programs pursuant to [section 1]; AND
(b) determining the distribution PRIORITY of projects for tribal wildlife and fish management programs
pursuant to [section 3]; and
(c) ensuring accountability for the projects pursuant to [sections 4 and 5].
NEW SECTION. Section 3. Tribal natural resources council -- powers and duties -- proportion of
distribution. (1) The tribal natural resources council shall recommend projects for state funding
pursuant to [section 1], on behalf of the tribes of Montana, and decide what proportion of projects are
distributed ESTABLISH PRIORITIES FOR DISTRIBUTION OF FUNDS to each tribe. The distribution must be
based on:
(1)(A) available funds and conformity with any applicable federal requirements regarding expenditure
of the money;
(2)(B) a list of management priorities developed by the tribal natural resources council after examining
the wildlife and fish programs of each tribe; and
(3)(C) immediate needs associated with the wildlife and fish management programs of each tribe, as
indicated by the tribal natural resources council member from each tribe.
(2) THE TRIBAL NATURAL RESOURCES COUNCIL MAY EMPLOY A WILDLIFE BIOLOGIST TO ACT AS AN ADVISER AND COMPLIANCE INSPECTOR ON ALL TRIBAL WILDLIFE AND FISH MANAGEMENT PROGRAMS THAT ARE FUNDED PURSUANT TO [SECTIONS 1 THROUGH 4].
(3) [SECTIONS 1 THROUGH 4] IMPLY NO WAIVER OF TRIBAL SOVEREIGNTY.
NEW SECTION. Section 4. Accountability -- funds reserved exclusively for tribal use. (1) The tribal
natural resources council shall provide the department with an annual accounting report, by July 1 of
each year, outlining the distribution of projects for which money is spent pursuant to [section 1].
(2) If the annual accounting is not submitted as required, the department may not spend any additional
money, as provided in [section 1], until a satisfactory accounting is made and the required report is
submitted. If expenditures are made by tribes during a year for any purposes other than tribal wildlife and
fish management programs, the department may not spend money pursuant to [section 1] during the ensuing
year.
(3) Money spent pursuant to [section 1] is reserved for the exclusive use of the various Montana tribes.
The state may not attach any restrictions regarding use of the money by the tribes beyond the
requirements in the applicable federal law. The department shall, pursuant to its authority in 87-1-703 and
87-1-709, enter into any necessary cooperative agreements with the tribal natural resources council, as
the partnership representative of the individual tribes of Montana, for the purpose of carrying on tribal
wildlife and fish restoration programs.
(4) Use of the money spent pursuant to [section 1] implies no waiver of tribal sovereignty.
NEW SECTION. Section 4. Compliance and eligibility process. (1) All grant activities and costs of
projects proposed by the tribal natural resources council AND THE DEPARTMENT must be submitted to
the regional director of the United States fish and wildlife service for approval. Project documents must
demonstrate compliance with all applicable federal laws and regulations. The tribal natural resources
council may OR AN INDIVIDUAL TRIBE SHALL function as a subgrantee of the department for funding
purposes. All fish and wildlife management activities conducted by the tribal natural resources council
OR AN INDIVIDUAL TRIBE must meet the same documentation requirements and other conditions as any
other project submitted for funding under the federal aid program. Programs proposed for funding must
conform to the eligibility process, project criteria, and compliance requirements for federal aid grants as
contained in the federal aid handbook.
(2) The tribal natural resources council shall provide money as nonfederal matching funds to cover
the percentage of project costs that are not reimbursable under the federal aid program.
(3) The tribal natural resources council shall employ a certified public accountant to maintain
appropriate books and records related to the federal aid program and to prepare the annual accounting
report required in [section 4].
(4) The tribal natural resources council shall employ a wildlife biologist to act as a compliance
inspector on all tribal wildlife and fish management programs that are funded pursuant to the federal aid
program.
NEW SECTION. Section 5. Contingent voidness. If a federal court determines that the implementation
of [sections 1 through 5 4] would cause Montana to be ineligible to participate in federal aid in wildlife and
sport fish restoration programs, then [this act] is void.
NEW SECTION. Section 6. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
NEW SECTION. Section 7. 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.
NEW SECTION. Section 8. Codification instruction. [Sections 1 through 5 4] are intended to be codified
as an integral part of Title 87, chapter 1, part 6, and the provisions of Title 87, chapter 1, part 6, apply to
[sections 1 through 5 4].
NEW SECTION. Section 9. Effective date. [This act] is effective July 1, 2001.
- END -
Latest Version of HB 107 (HB0107.03)
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