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HOUSE BILL NO. 438
INTRODUCED BY B. EGGERS, J. MERCER, S. DOHERTY, G. GOLIE, G. GUTSCHE, H. HARPER, G. JERGESON, C. JUNEAU, B. KRENZLER, R. LENHART, R. PECK, B. RANEY, B. REHBEIN, J. SHOCKLEY, F. SMITH, E. SWANSON
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING FOR THE EQUITABLE
DISTRIBUTION OF FEDERAL SPORTING GOODS EXCISE TAXES BETWEEN THE STATE
AND MONTANA TRIBAL GOVERNMENTS FOR WILDLIFE MANAGEMENT AND FISH
MANAGEMENT PURPOSES; REQUIRING THAT 7 PERCENT OF THE FEDERAL SPORTING
GOODS EXCISE TAXES THAT ARE RETURNED TO THE STATE BE
MONTANA TRIBES SPENT BY THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS ON
PROJECTS FOR TRIBAL WILDLIFE AND FISH MANAGEMENT PROGRAMS; CREATING
THE NATIVE AMERICAN NATURAL RESOURCES COUNCIL AND PRESCRIBING COUNCIL
MEMBERSHIP AND DUTIES; PROVIDING THAT THE COUNCIL ACCEPT AND DETERMINE
THE EXPENDITURE OF FUNDS DISTRIBUTION OF STATE-FUNDED PROJECTS
ALLOCATED TO TRIBES FOR TRIBAL WILDLIFE AND FISH MANAGEMENT PROGRAMS
AND ENSURE ACCOUNTABILITY FOR THE EXPENDITURES 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 are returned to the state and are 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 taxes that are 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 taxes 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 taxes. As
part of its administrative duties, upon receipt of money
pursuant to the Dingell-Johnson bill in
87-1-701, the Pittman-Robertson Act in 87-1-708, or any other federal law that dedicates money to
Montana for wildlife or fish management based on the payment of federal sporting goods excise taxes,
the department shall allocate EXPEND from the account in 87-1-601(1)(b) to the Native American
natural resources council created in [section 2], 7% of the federal sporting goods excise taxes returned
annually to Montana FOR ELIGIBLE TRIBAL WILDLIFE AND FISH MANAGEMENT
PROGRAMS, AS RECOMMENDED BY THE NATIVE AMERICAN NATURAL RESOURCES
COUNCIL CREATED IN [SECTION 2]. Money allocated to SPENT BY THE DEPARTMENT
PURSUANT TO THE RECOMMENDATIONS OF the Native American natural resources
council for tribal wildlife and fish management programs must be expended by the tribes
in conformity with all applicable federal regulations and in the manner provided in
[sections 1 through 4 5].
NEW SECTION. Section 2. Native American natural resources council created -- membership -- purpose. (1) There is a Native American natural resources council.
(2) The council comprises
seven NINE members , AS FOLLOWS:
(A) one appointed by the tribal council of each
tribe 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 COUNCIL, TO BE CHOSEN BY THE TRIBAL MEMBERS OF THE NATIVE AMERICAN NATURAL RESOURCES COUNCIL; AND
(C) ONE MEMBER WHO IS A REPRESENTATIVE OF THE DEPARTMENT.
(3) A TRIBAL member may be a member of
that A tribe's natural resources committee. (3)(4) Native American natural resources council members shall serve voluntarily and without
compensation. (4)(5) The Native American natural resources council is created for the express purpose of:
funds allocated to tribes STATE-FUNDED PROJECTS FOR TRIBAL WILDLIFE
AND FISH MANAGEMENT PROGRAMS pursuant to [section 1];
(b) determining the
expenditure of those funds DISTRIBUTION OF PROJECTS for tribal wildlife
and fish management programs pursuant to [section 3]; and
(c) ensuring accountability for the
expenditures PROJECTS, pursuant to [ section SECTIONS 4
NEW SECTION. Section 3. Native American natural resources council -- powers and duties --
proportion of distribution. The Native American natural resources council shall
allocated RECOMMEND PROJECTS FOR STATE FUNDING pursuant to [section 1], on behalf of
the tribes of Montana, and decide what proportion of funds is to be PROJECTS ARE distributed to
each tribe. The distribution must be based on:
(1) available funds and conformity with any applicable federal requirements regarding expenditure of the money;
(2) a list of management priorities developed by the council after examining the wildlife and fish programs of each tribe; and
(3) immediate needs associated with the wildlife and fish management programs of each tribe, as indicated by the council member from each tribe.
NEW SECTION. Section 4. Accountability -- funds reserved exclusively for tribal use. (1)
The Native American natural resources council shall provide the department with an annual accounting
report, by July 1 of each year, outlining the distribution
and expenditure of all money allocated to the
council 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
any additional money to the council, 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 allocate any
money to the council SPEND MONEY PURSUANT TO [SECTION 1] during the ensuing year.
allocated to the council 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 NATIVE AMERICAN NATURAL RESOURCES
COUNCIL, AS THE PARTNERSHIP REPRESENTATIVE OF THE INDIVIDUAL TRIBES OF
MONTANA, FOR THE PURPOSE OF CARRYING ON TRIBAL WILDLIFE AND FISH
(4) Use of the money
allocated to the council SPENT PURSUANT TO [SECTION 1] implies no
waiver of tribal sovereignty.
NEW SECTION. SECTION 5. COMPLIANCE AND ELIGIBILITY PROCESS. (1) ALL GRANT ACTIVITIES AND COSTS OF PROJECTS PROPOSED BY THE NATIVE AMERICAN NATURAL RESOURCES COUNCIL 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 NATIVE AMERICAN NATURAL RESOURCES COUNCIL MAY FUNCTION AS A SUBGRANTEE OF THE DEPARTMENT FOR FUNDING PURPOSES. ALL FISH AND WILDLIFE MANAGEMENT ACTIVITIES CONDUCTED BY THE COUNCIL 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 NATIVE AMERICAN NATURAL RESOURCES COUNCIL SHALL PROVIDE MONEY AS NONFEDERAL MATCHING FUNDS TO COVER THE PERCENTAGE OF PROJECT COSTS THAT ARE NOT REIMBURSIBLE UNDER THE FEDERAL AID PROGRAM.
(3) THE NATIVE AMERICAN 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 NATIVE AMERICAN 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 6. CONTINGENT VOIDNESS. IF A FEDERAL COURT DETERMINES THAT THE IMPLEMENTATION OF [SECTIONS 1 THROUGH 5] 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 7. 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 8. 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 9. Codification instruction. [Sections 1 through
4 5] 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 4 5].
NEW SECTION. Section 10. Effective date. [This act] is effective July 1, 1999.
- END -
Latest Version of HB 438 (HB0438.02)
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