2001 Montana Legislature

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HOUSE BILL NO. 271

INTRODUCED BY J. JAYNE, BIXBY, CHRISTIAENS, COCCHIARELLA, ERICKSON, FORRESTER, GOLIE, HALLIGAN, JACOBSON, JUNEAU, MANGAN, PEASE, RASER, ROUSH

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AN ACT REVISING CERTAIN PROVISIONS OF THE STATE-TRIBAL COOPERATIVE AGREEMENTS ACT; EXTENDING THE TIME IN WHICH STATE-TRIBAL COOPERATIVE AGREEMENTS MUST BE FILED FROM 10 DAYS TO 60 DAYS; ELIMINATING OUTDATED PROVISIONS REGARDING VALIDITY OF EXISTING AGREEMENTS; AMENDING SECTION 18-11-107, MCA; REPEALING SECTION 18-11-111, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE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 18-11-107, MCA, is amended to read:

     "18-11-107.  Filing of agreement. (1) Within 10 60 days after approval by the attorney general and signature of the parties, an agreement made pursuant to this chapter must be filed with:

     (a)  the area regional office of the bureau of Indian affairs of the United States department of the interior having trust responsibility for the tribe that is party to the agreement or its successor agency;

     (b)  each county clerk and recorder of each county where the principal office of one of the parties to the agreement is located, except as provided in (2) of this section;

     (c)  the secretary of state; and

     (d)  the affected tribal government.

     (2)  If a party to the agreement is a state agency, the agreement need not be filed with the county clerk and recorder for Lewis and Clark County."



     Section 2.  Repealer. Section 18-11-111, MCA, is repealed.



     Section 3.  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.



     Section 4.  Effective date -- applicability. [This act] is effective on passage and approval and applies to agreements entered into on or after [the effective date of this act].

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