- 2025
69th Legislature 2025 SB0379.3
- 1 - Authorized Print Version – SB 379
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 A DEPARTMENT, BOARD, OR COMMISSION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENTTHE
23, THE DEPARTMENT OF AGRICULTURE, THE DEPARTMENT OF COMMERCE, THE
24, THE DEPARTMENT OF ENVIRONMENTAL QUALITY, THE DEPARTMENT OF FISH, WILDLIFE,
25,, THE DEPARTMENT OF LABOR AND INDUSTRY, THE DEPARTMENT OF
26, THE DEPARTMENT OF MILITARY AFFAIRS,,
27, THE OFFICE OF PUBLIC INSTRUCTION, THE DEPARTMENT OF
28, AND THE DEPARTMENT OF TRANSPORTATION. - 2025
69th Legislature 2025 SB0379.3
- 2 - Authorized Print Version – SB 379
1 (2)(3) "Tribal government" means the officially recognized government of any tribe or nation.
2 (3)(4) "Tribal officials" means the elected or appointed officials of a tribal government.
3 (4)(5) "Tribe" means an Indian tribe that is recognized by federal law or formally acknowledged by the
4 state."
5
6 Section 2-15-143, MCA, is amended to read:
7 "2-15-143.
8. (1) When establishing a IN THE EXERCISE OF THE government-to-government relationship with tribal
9 governments, a state agency EMPLOYING A TRIBAL LIAISON shall:
10 (a) collaborate with tribal governments in the development of policies, agreements, administrative
11 rules, and program implementation that directly affect Indian tribes; AND
12 (b) consult with tribal governments as often as is required to address matters that have tribal
13 implications;.
14 (c)(2) (A) THE EXECUTIVE BRANCH, AS DEFINED IN 2-15-102, SHALL develop a written consultation policy
15 in coordination with representatives of each federally recognized tribe in the state that is used by the agency for
16 issues involving specific Indian tribes. A consultation policy must be created by January J 1, 2026, and be
17 updated as often as required to facilitate timely and meaningful consultation, but no less than biannually
18.
19 (B) A STATE AGENCY MAY DEVELOP A WRITTEN CONSULTATION POLICY SPECIFIC TO AGENCY'S
20.
21 (d)() THE GOVERNOR'S DIRECTOR OF INDIAN AFFAIRS SHALL provide tribal governments in the state with
22 a copy of the agency's initial ANY consultation policy DEVELOPED UNDER THIS SECTION and all subsequent
23 updates to thepolicy;.
24 (e) designate an agency employeeJULY 1,2026, to act as a tribal liaison who reports directly to
25 the head of the state agency; and
26 (f) ensure that a tribal liaison receive s regular trainings that assist in the liaison's job functions,
27 including but not limited to the training prescribed in subsection (4).
28 (2)(3) The position of tribal liaison within SUBJECT TO THE AVAILABILITY OF APPROPRIATIONS, a state - 2025
69th Legislature 2025 SB0379.3
- 3 - Authorized Print Version – SB 379
1 agency is responsible for :
2 (a) assisting ASSIST the state agency in developing and implementing state and agency policies
3 that promote effective communication and collaboration between the state agency and tribal governments;
4 (b) serving SERVE as a contact person with tribal governments and maintaining communication
5 between the state agency and affected tribal governments; and
6 (c) coordinating COORDINATE training of state agency employees in government-to-government
7 relations that includes at a minimum:
8 (i) effective communication and collaboration between state agencies and Indian tribes; and
9 (ii) cultural competency in providing effective services to tribal governments and tribal members.
10 (D) SUBJECT TO THE AVAILABILITY OF APPROPRIATIONS,'S DIRECTOR OF I
11 HAS NOT DESIGNATED A TRIBAL
12.
13 (3)(4) A state agency and a tribal government may agree that a formal consultation is not necessary
14 on a given matter that has tribal implications. The agency shall keep a written record of this decision.
15 (1)(4)(5) At least once a year, the governor's office and a trainer selected by the tribal
16 governments shall provide training in Helena or a site mutually agreed upon to state agency managers and key
17 employees who have regular communication with tribes on the legal status of tribes, the legal rights of tribal
18 members, and social, economic, and cultural issues of concern to tribes.
19 (2)(5)(6) At least annually, the governor shall convene in Helena a working meeting with
20 representatives of state agencies and tribal officials, including tribal presiding officers, to discuss:
21 (a) tribal concerns with rules and policies that directly impact tribal government and tribal
22 populations;
23 (b) other issues of concern to either the state or the tribes; and
24 (c) potential solutions to the concerns.
25 (3)(6) (7) By August 15 of each year, each state agency shall submit to the governor its current
26 written consultation policy pursuant to this section, documentation of any relevant trainings completed by its
27 tribal liaison or other agency employees, and a report for the prior fiscal year describing the activities of the
28 state agency relating to tribal government and tribal populations. The report must include: - 2025
69th Legislature 2025 SB0379.3
- 4 - Authorized Print Version – SB 379
1 (a) any rule or policy changes that the state agency adopted because of discussions under
2 subsection (2)(a) (5)(a) (6)(A);
3 (b) the process that the state agency has established to identify the activities of the state agency
4 that affect tribes;
5 (c) the efforts of the state agency to promote communication and the government-to-government
6 relationship between the state agency and the tribes; and
7 (d) the efforts of the state agency to ensure tribal consultation and the use of American Indian data
8 in the development and implementation of agency programs that directly affect tribes.
9 (4)(7)(8) By September 15 of each year, the governor shall provide to each tribal government a
10 report with an overview of all state and tribal activities for the prior fiscal year, including a description of the
11 training required under subsection (1) (4) (5). It is the intent of the legislature that this report be prepared within
12 existing levels of funding.
13 (8)(9) N ACCORDANCE WITH 5-11-210:
14 (A) THE GOVERNOR'S DIRECTOR OF INDIAN AFFAIRS,
15,
165-12-501[
17 AND
18 (B)
19THIS ACT]."
20
21 NEW SECTION. Section 3. The secretary of state shall send a
22 copy of [this act] to each federally recognized tribal government in Montana.
23 - END -