Montana Code 18-11-103. Authorization to enter agreement — general contents
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:
Terms Used In Montana Code 18-11-103
- Contract: A legal written agreement that becomes binding when signed.
- Public agency: means any political subdivision, including municipalities, counties, school districts, and any agency or department of the state of Montana. See Montana Code 18-11-102
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Tribal government: means the officially recognized government of any Indian tribe, nation, or other organized group or community located in Montana exercising self-government powers and recognized as eligible for services provided by the United States to Indians because of their status as Indians. See Montana Code 18-11-102
(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 collect or refund any tax or license or permit fee lawfully imposed by the state or a public agency and a tribal government and to share or refund the revenue from the assessment and collection.
(2)The agreement must be authorized and approved by the governing body of each party to the agreement. If a state agency is a party to an agreement, the governor or the governor’s designee is the governing body.
(3)The agreement must set forth fully the powers, rights, obligations, and responsibilities of the parties to the agreement.
(4)(a) Prior to entering into an agreement on taxation with a tribal government, a public agency shall provide public notice and hold a public meeting on the reservation whose government is a party to the proposed agreement for the purpose of receiving comments from and providing written and other information to interested persons with respect to the proposed agreement.
(b)At least 14 days but not more than 30 days prior to the date scheduled for the public meeting, a notice of the proposed agreement and public meeting must be published in a newspaper of general circulation in the county or counties in which the reservation is located.
(c)At the time the notice of the meeting is published, a synopsis of the proposed agreement must be made available to interested persons.