18-11-101. Short title — purpose. (1) This chapter shall be known and may be cited as the “State-Tribal Cooperative Agreements Act”. (2) It is the intent of the legislature that this part be used to promote cooperation between the state or a public agency and a sovereign tribal government in mutually beneficial activities and services. (3) It is […]
18-11-102. Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply: (1) ”Public agency” means any political subdivision, including municipalities, counties, school districts, and any agency or department of the state of Montana. (2) ”Tribal government” means the officially recognized government of any Indian tribe, nation, or other organized group or community […]
18-11-103. Authorization to enter agreement — general contents. (1) Any one or more public agencies may enter into an agreement with any one or more tribal governments to: (a) perform any administrative service, activity, or undertaking that a public agency or a tribal government entering into the contract is authorized by law to perform; and (b) assess and […]
18-11-104. Detailed contents of agreement. (1) The agreement authorized by 18-11-103 must specify the following: (a) its duration; (b) the precise organization, composition, and nature of any separate legal entity created by the agreement; (c) the purpose of the agreement; (d) the manner of financing the agreement and establishing and maintaining a budget for the agreement; (e) the method to be […]
18-11-105. Submission of agreement to attorney general. (1) As a condition precedent to an agreement made under this chapter becoming effective, it must have the approval of the attorney general of Montana. (2) The attorney general shall approve an agreement submitted under this chapter unless the attorney general finds that the agreement is not in proper form, […]
18-11-106. Repealed. Sec. 2, Ch. 38, L. 1985. History: En. Sec. 6, Ch. 309, L. 1981.
18-11-107. Filing of agreement. (1) Within 60 days after approval by the attorney general and signature of the parties, an agreement made pursuant to this chapter must be filed with: (a) the regional office of the bureau of Indian affairs of the United States department of the interior having trust responsibility for the tribe that is party […]
18-11-108. Revocation of agreement. An agreement made pursuant to this chapter is subject to revocation by any party upon 6 months’ notice to the other unless a different notice period of time is provided for within the agreement. No agreement may provide for a notice period for revocation in excess of 5 years. History: En. Sec. 8, […]
18-11-109. Authorization to appropriate funds for purpose of agreement. Any public agency entering into an agreement pursuant to this chapter may appropriate funds for and may sell, lease, or otherwise give or supply material to any entity created for the purpose of performance of the agreement and may provide such personnel or services therefor as is […]
18-11-110. Specific limitations on agreements. Nothing in this chapter may be construed to authorize an agreement that: (1) is not permitted by federal law. However, the parties are encouraged to deal with substantive matters and enforcement matters that can be mutually agreed upon, but no such agreement may be considered to affect the underlying jurisdictional authority of […]
18-11-111. Repealed. Sec. 2, Ch. 54, L. 2001. History: En. Sec. 11, Ch. 309, L. 1981.
18-11-112. Revenue account — administrative account — distribution of revenue. (1) The revenue collected by the state, a public agency, or a tribal government under a state-tribal cooperative agreement and the administrative expenses, if any, deducted under subsection (2) from the total revenue collected must be deposited in separate special revenue accounts. (2) Administrative expenses deducted by […]
18-11-113 through 18-11-120 reserved.
18-11-121. Authorization to become contracting employer in public employees’ retirement system. A separate legal entity created and authorized under this part that manages or operates an irrigation project may contract with the public employees’ retirement board as provided in Title 19, chapter 3, part 2, to become a contracting employer in the public employees’ retirement system. […]
