54-40.2 Agreements Between Public Agencies and Indian Tribes - North Dakota Statutes

Download pdf

Loading PDF...

CHAPTER 54-40.2AGREEMENTS BETWEEN PUBLIC AGENCIES AND INDIAN TRIBES54-40.2-01. Definitions. In this chapter:1."Public agency" means any political subdivision, including municipalities, counties,
school districts, and any agency or department of North Dakota.2."Secretary" means the secretary of interior of the United States.3."Tribal government" means the officially recognized government of any Indian tribe,
nation, or other organized group or community located in North Dakota exercising
self-government powers and recognized as eligible for services provided by the
United States. The term does not include any entity owned, organized, or chartered
by a tribe which exists as a separate entity authorized by a tribe to enter agreements
of any kind without further approval by the government of the tribe.54-40.2-02. Authorization to enter agreements - General contents.1.Any one or more public agencies may enter into an agreement with any one or more
tribal governments to perform any administrative service, activity, or undertaking that
any of the public agencies or tribal governments are authorized to perform by law
and to resolve any disputes, in accordance with this chapter or any other law that
authorizes a public agency to enter an agreement. The agreement must set forth
fully the powers, rights, obligations, and responsibilities of the parties to the
agreement.2.The Indian affairs commission may propose agreements entered into pursuant to
this chapter and may assist, at the request of any tribe affected by such an
agreement, in the negotiation and development of such agreements.3.If the public agency contemplating entering into an agreement under this chapter is a
school district, the school district shall:a.Provide written notice to the superintendent of public instruction that it is
contemplating entering into an agreement under this chapter; andb.Consider written recommendations that the superintendent makes regarding
the agreement.4.This chapter does not apply to agreements entered into under section 24-02-02.3
and chapter 54-38 or agreements entered with one or more tribal governments
pursuant to a state or federally funded program or other activity, including any
publicly announced offer of a grant, loan, request for proposal, bid, or other contract
originating with a public agency, for which the tribal government is otherwise eligible
under federal, state, or local law.54-40.2-03. Specifications of agreement. Repealed by S.L. 1991, ch. 606,