5-33.5-1-1. Applicability
Sec. 1. This article applies only to an agreement between the state or a state agency and a federally recognized Indian tribe. As added by P.L.108-2019, SEC.100.
5-33.5-2-1. “Federally Recognized Indian Tribe”
Sec. 1. “Federally recognized Indian tribe” means an Indian tribe named on the list of Indian tribes recognized by the United States Secretary of the Interior published under 25 U.S.C. 5131. As added by P.L.108-2019, SEC.100.
5-33.5-2-2. “State”
Sec. 2. “State” means the state of Indiana. The term does not include a political subdivision. As added by P.L.108-2019, SEC.100.
5-33.5-2-3. “State Agency”
Sec. 3. “State agency” means an authority, a board, a commission, a committee, a department, a division, or other instrumentality of state government. However, the term does not include a state educational institution. As added by P.L.108-2019, SEC.100.
5-33.5-3-1. Authority to Enter Into a Cooperative Agreement
Sec. 1. The state or a state agency may enter into a cooperative agreement with a federally recognized Indian tribe. As added by P.L.108-2019, SEC.100.
5-33.5-3-2. Required Elements of a Cooperative Agreement
Sec. 2. A cooperative agreement entered into under this chapter must be in writing and must provide for the following: (1) The duration of the agreement. (2) The purpose of the agreement. (3) The administration of the agreement. (4) The manner of carrying out the joint undertaking. (5) The methods that may be employed in […]
5-33.5-3-3. Approval
Sec. 3. If a cooperative agreement entered into under this chapter concerns the provision of services or facilities that a state officer or state agency has power to control, the agreement must be submitted to that officer or agency for approval before it takes effect. As added by P.L.108-2019, SEC.100.
5-33.5-3-4. Requirement to File a Cooperative Agreement With the State Board of Accounts for Audit Purposes
Sec. 4. A cooperative agreement entered into under this chapter must be filed with the state board of accounts for audit purposes not later than sixty (60) days after the agreement takes effect. As added by P.L.108-2019, SEC.100.
5-33.5-3-5. Provisions That May Be Included in a Cooperative Agreement
Sec. 5. A cooperative agreement entered into under this chapter may provide for the following: (1) An effective waiver of sovereign immunity from the federally recognized Indian tribe. (2) Subject to section 6 of this chapter, a waiver of sovereign immunity by the state. (3) A statement that IC 34-13-1-1 applies to the agreement. As […]
5-33.5-3-6. Waiver of Indian Tribe Sovereign Immunity; Attorney General Review and Approval
Sec. 6. A provision of a cooperative agreement with a federally recognized Indian tribe waiving the sovereign immunity of the state must be submitted to the attorney general for review. A cooperative agreement containing a provision subject to review under this section may not take effect unless the attorney general approves the provision. As added […]