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1 SENATE BILL NO. 379
2 INTRODUCED BY S. WEBBER, J. REAVIS, B. EDWARDS, J. ISALY, M. LEE, T. CROWE, B. CLOSE, S.
3 FYANT, J. WEBER, J. SOOKTIS, M. CUNNINGHAM, W. CURDY, J. MORIGEAU, T. RUNNING WOLF, D.
4 FERN, M. FOX, L. SMITH, J. WINDY BOY, B. CARTER, D. HAWK, D. HAYMAN, S. HOWELL, E. KERR-
5 CARPENTER, E. STAFMAN, M. MARLER, S. DEMAROIS
6
7 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO CONSULTATION BETWEEN
8 STATE AGENCIES AND TRIBAL GOVERNMENTS; REQUIRING STATE AGENCIES TO CREATE WRITTEN
9 CONSULTATION POLICIES; REQUIRING STATE AGENCIES TO DESIGNATE AN EMPLOYEE AS A
10 TRIBAL LIAISON; REVISING AGENCY REPORTING REQUIREMENTS TO THE GOVERNOR;
11 ESTABLISHING REPORTING REQUIREMENTS; DEFINING "CONSULTATION"; AND AMENDING
12 SECTIONS 2-15-141 AND 2-15-143, MCA.”
13
14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
15
16 Section 2-15-141, MCA, is amended to read:
17 "2-15-141.
18 (1) "Consultation" means a formal, direct, interactive, and timely process of engagement carried
19 out by state agencies to seek, discuss, and consider the views of tribal governments and, when feasible, to
20 seek agreement regarding state proposed actions that may affect tribal interests.
21 (1)(2) "State agency" means a department, board, or commission of the executive branch of state
22 government THE DEPARTMENT OF ADMINISTRATION, THE DEPARTMENT OF AGRICULTURE, THE DEPARTMENT OF
23,, THE DEPARTMENT OF ENVIRONMENTAL QUALITY, THE DEPARTMENT OF
24, WILDLIFE,, THE DEPARTMENT OF JUSTICE, THE DEPARTMENT OF LABOR AND INDUSTRY, THE
25,, THE DEPARTMENT OF NATURAL RESOURCES AND
26, THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES, THE OFFICE OF PUBLIC INSTRUCTION, THE
27, AND THE DEPARTMENT OF TRANSPORTATION.
28 (2)(3) "Tribal government" means the officially recognized government of any tribe or nation. - 2025
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1 (3)(4) "Tribal officials" means the elected or appointed officials of a tribal government.
2 (4)(5) "Tribe" means an Indian tribe that is recognized by federal law or formally acknowledged by the
3 state."
4
5 Section 2-15-143, MCA, is amended to read:
6 "2-15-143.
7. (1) When establishing a government-to-government relationship with tribal governments, a state
8 agency shall:
9 (a) collaborate with tribal governments in the development of policies, agreements, administrative
10 rules, and program implementation that directly affect Indian tribes;
11 (b) consult with tribal governments as often as is required to address matters that have tribal
12 implications;
13 (c) develop a written consultation policy in coordination with representatives of each federally
14 recognized tribe in the state that is used by the agency for issues involving specific Indian tribes. A consultation
15 policy must be created by January JULY 1, 2026, and be updated as often as required to facilitate timely and
16 meaningful consultation, but no less than biannually ANNUALLY.
17 (d) provide tribal governments in the state with a copy of the agency's initial consultation policy and
18 all subsequent updates to the policy;
19 (e) designate an agency employee BY JULY 1, 2026, to act as a tribal liaison who reports directly to
20 the head of the state agency; and
21 (f) ensure that a tribal liaison receives regular trainings that assist in the liaison's job functions,
22 including but not limited to the training prescribed in subsection (4).
23 (2) The position of tribal liaison within a state agency is responsible for:
24 (a) assisting the state agency in developing and implementing state and agency policies that
25 promote effective communication and collaboration between the state agency and tribal governments;
26 (b) serving as a contact person with tribal governments and maintaining communication between
27 the state agency and affected tribal governments; and
28 (c) coordinating training of state agency employees in government-to-government relations that - 2025
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1 includes at a minimum:
2 (i) effective communication and collaboration between state agencies and Indian tribes; and
3 (ii) cultural competency in providing effective services to tribal governments and tribal members.
4 (3) A state agency and a tribal government may agree that a formal consultation is not necessary
5 on a given matter that has tribal implications. The agency shall keep a written record of this decision.
6 (1)(4) At least once a year, the governor's office and a trainer selected by the tribal governments shall
7 provide training in Helena or a site mutually agreed upon to state agency managers and key employees who
8 have regular communication with tribes on the legal status of tribes, the legal rights of tribal members, and
9 social, economic, and cultural issues of concern to tribes.
10 (2)(5) At least annually, the governor shall convene in Helena a working meeting with representatives
11 of state agencies and tribal officials, including tribal presiding officers, to discuss:
12 (a) tribal concerns with rules and policies that directly impact tribal government and tribal
13 populations;
14 (b) other issues of concern to either the state or the tribes; and
15 (c) potential solutions to the concerns.
16 (3)(6) By August 15 of each year, each state agency shall submit to the governor its current written
17 consultation policy pursuant to this section, documentation of any relevant trainings completed by its tribal
18 liaison or other agency employees, and a report for the prior fiscal year describing the activities of the state
19 agency relating to tribal government and tribal populations. The report must include:
20 (a) any rule or policy changes that the state agency adopted because of discussions under
21 subsection (2)(a) (5)(a);
22 (b) the process that the state agency has established to identify the activities of the state agency
23 that affect tribes;
24 (c) the efforts of the state agency to promote communication and the government-to-government
25 relationship between the state agency and the tribes; and
26 (d) the efforts of the state agency to ensure tribal consultation and the use of American Indian data
27 in the development and implementation of agency programs that directly affect tribes.
28 (4)(7) By September 15 of each year, the governor shall provide to each tribal government a report - 2025
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1 with an overview of all state and tribal activities for the prior fiscal year, including a description of the training
2 required under subsection (1) (4). It is the intent of the legislature that this report be prepared within existing
3 levels of funding.
4 (8) N ACCORDANCE WITH 5-11-210:
5 (A)
65-12-501 ON THE IMPLEMENTATION OF [THIS ACT]; AND
7 (B)
8[THIS ACT]."
9
10 NEW SECTION. Section 3. The secretary of state shall send a
11 copy of [this act] to each federally recognized tribal government in Montana.
12 - END -