Montana agencies would consult tribes on decisions affecting them

State agencies would work with tribal governments on policies, rules, and programs that directly affect tribes, and consult on matters with tribal implications. A state agency is a department, board, or commission in Montana's executive branch. Tribal governments are officially recognized governments of tribes or nations. An agency and a tribal government may agree that formal consultation is unnecessary for a particular matter; the agency must keep a written record of that decision.

Each state agency would write a consultation policy with representatives of federally recognized tribes and name an employee as a tribal liaison who reports to the agency head. The policy must be coordinated with representatives of each federally recognized tribe in Montana and used for issues involving specific tribes. Agencies would share their policies and updates with tribal governments. Liaisons would maintain contact with affected tribes, help agencies work with them, and coordinate employee training on communication and cultural understanding. Agencies would have to create policies by January 1, 2026, and update them as needed, but at least every two years.

The governor's office and a trainer selected by tribal governments would provide yearly training, and the governor would convene a yearly meeting with agency and tribal representatives. Training would be for state agency managers and key employees who regularly communicate with tribes. The meeting would include tribal officials, including tribal presiding officers. The training would cover tribal legal rights and social, economic, and cultural concerns. The meeting would address concerns about rules and policies affecting tribes, other issues, and possible solutions. The training would take place at least once a year in Helena or another mutually agreed site. The governor would convene the meeting at least annually in Helena.

Each state agency would send the governor its consultation policy, records of relevant training, and a report on its work involving tribal governments and communities. The governor would send tribal governments a yearly overview of state and tribal activities. Agency reports would go to the governor; the governor's report would go to each tribal government and include a description of required training. Agency reports would cover efforts to identify activities affecting tribes, support communication, and include consultation and American Indian data in programs that directly affect tribes. The legislature states that the governor's report should be prepared within existing funding. Agencies would report by August 15 each year on the prior fiscal year. The governor would send the overview by September 15 each year, also covering the prior fiscal year.