54-40.2 Agreements Between Public Agencies and Indian Tribes
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<![CDATA[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,<br>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,<br>nation, or other organized group or community located in North Dakota exercising<br>self-government powers and recognized as eligible for services provided by the<br>United States. The term does not include any entity owned, organized, or chartered<br>by a tribe which exists as a separate entity authorized by a tribe to enter agreements<br>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<br>tribal governments to perform any administrative service, activity, or undertaking that<br>any of the public agencies or tribal governments are authorized to perform by law<br>and to resolve any disputes, in accordance with this chapter or any other law that<br>authorizes a public agency to enter an agreement. The agreement must set forth<br>fully the powers, rights, obligations, and responsibilities of the parties to the<br>agreement.2.The Indian affairs commission may propose agreements entered into pursuant to<br>this chapter and may assist, at the request of any tribe affected by such an<br>agreement, in the negotiation and development of such agreements.3.If the public agency contemplating entering into an agreement under this chapter is a<br>school district, the school district shall:a.Provide written notice to the superintendent of public instruction that it is<br>contemplating entering into an agreement under this chapter; andb.Consider written recommendations that the superintendent makes regarding<br>the agreement.4.This chapter does not apply to agreements entered into under section 24-02-02.3<br>and chapter 54-38 or agreements entered with one or more tribal governments<br>pursuant to a state or federally funded program or other activity, including any<br>publicly announced offer of a grant, loan, request for proposal, bid, or other contract<br>originating with a public agency, for which the tribal government is otherwise eligible<br>under federal, state, or local law.54-40.2-03. Specifications of agreement. Repealed by S.L. 1991, ch. 606, </p>
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