SB 379: Revise laws related to state-tribal consultation - Montana

SB0379_1(11).pdf → SB0379_3(2).pdf · 5 edits

MODERATE

This bill revision reorganizes and clarifies tribal consultation requirements for Montana state agencies. The changes include updating the bill version number, renumbering definitions, and modifying specific deadlines and responsibilities for tribal liaison designation and policy development. The substantive policy content regarding tribal consultation duties remains largely intact but is presented with clearer structure and adjusted timelines.

Scope change

No change in overall scope or applicability; the bill still applies to all state agencies in Montana's executive branch regarding tribal consultation requirements.

TIMELINE

The deadline for creating consultation policies was changed from January 1, 2026 to July 1, 2026, and the annual update requirement now specifies 'biannually' with an additional 'annually' clarification.

REQUIREMENT

Tribal liaison designation deadline was added as July 1, 2026, with a new provision allowing the Governor's Director of Indian Affairs to carry out functions for agencies that haven't designated a liaison.

Added language clarifying that tribal liaison duties are subject to the availability of appropriations, and expanded the Governor's Director of Indian Affairs responsibilities to cover agencies without designated liaisons.

DEFINITION

Definition numbering was reorganized from sequential (1-5) to nested format, and the definition of 'state agency' was expanded to explicitly list all executive branch departments.

TECHNICAL

Bill version number changed from SB 379.1 to SB0379.3, and formatting was reorganized for clarity with improved section numbering and structure.

SB0379_2(12).pdf → SB0379_1(11).pdf · 9 edits

MAJOR

This bill reorganizes and clarifies Montana's tribal consultation framework by updating definitions, establishing new requirements for state agencies to create consultation policies, designating tribal liaisons, and implementing annual reporting to the governor. The changes aim to strengthen government-to-government relationships with tribes through more structured engagement processes.

Scope change

The bill expands the scope by adding specific definitions for 'consultation', 'state agency', 'tribal government', 'tribal officials', and 'tribe', and creates new mandatory requirements for all state agencies to engage with tribal governments.

DEFINITION

Added five new definitions including 'consultation', 'state agency', 'tribal government', 'tribal officials', and 'tribe' to clarify terms used in the tribal consultation statutes.

REQUIREMENT

Modified Section 2-15-143 to require state agencies to collaborate with tribes on policies and rules, consult on tribal matters, and develop written consultation policies.

Added requirement for state agencies to designate an employee as a tribal liaison who reports directly to the agency head.

Added requirement for tribal liaisons to receive regular training on government-to-government relations and cultural competency.

Added requirement for the governor to convene annual working meetings with tribal officials to discuss tribal concerns and potential solutions.

Added requirement for state agencies to submit annual reports to the governor by August 15 detailing consultation activities and policy changes.

Added requirement for the governor to provide tribal governments with an annual report by September 15 summarizing state and tribal activities.

Added requirement for the secretary of state to notify tribal governments about the new consultation provisions.

TIMELINE

Changed consultation policy creation deadline from January 1, 2026 to July 1, 2026, and modified update frequency requirements.

SB0379_3(1).pdf → SB0379_2(12).pdf · 7 edits

MODERATE

This bill amends Montana's tribal consultation requirements by renumbering definitions, updating consultation policy deadlines from January to July 2026, changing policy update frequency from biannually to annually, and adding new requirements for tribal liaison training and annual working meetings. The changes aim to strengthen government-to-government relations between state agencies and tribal governments through more consistent consultation practices and improved training.

Scope change

The bill's scope remains focused on state agencies' obligations toward tribal governments, but the specific requirements for consultation policies, liaison designation, and training have been modified to improve consistency and timeliness.

TIMELINE

Consultation policy creation deadline changed from January 1, 2026 to July 1, 2026

REQUIREMENT

Consultation policy update frequency changed from biannually to annually

New requirement for tribal liaisons to receive regular training including cultural competency

New requirement for annual working meetings between governor's office and tribal officials

New requirement for state agencies to submit annual reports on tribal consultation activities

DEFINITION

Added new definition for 'Tribal officials' to clarify who represents tribal governments

TECHNICAL

Bill number changed from SB0379.3 to SB0379.2 indicating version revision

SB0379_2(11).pdf → SB0379_3.pdf · 5 edits

MODERATE

This bill revision reorganizes the definition of 'State agency' to list all executive branch departments alphabetically rather than by function, and renumbers the definition sections. It also modifies the tribal liaison requirements by allowing agencies to designate liaisons subject to appropriations, clarifies that the Governor's Director of Indian Affairs will carry out functions for agencies without designated liaisons, and adjusts the timeline for consultation policy creation from July 1, 2026 to January 1, 2026.

Scope change

The bill's scope remains focused on tribal-state government relations, but the definition of 'State agency' is now more comprehensive and alphabetically organized to ensure all executive branch departments are clearly included.

DEFINITION

The definition of 'State agency' was reorganized to list all executive branch departments alphabetically rather than by functional grouping, ensuring comprehensive coverage.

REQUIREMENT

The requirement for agencies to designate tribal liaisons by July 1, 2026 remains, but the policy creation deadline was moved from July 1, 2026 to January 1, 2026.

Added provision that the Governor's Director of Indian Affairs will carry out tribal liaison functions for any state agency that has not designated a tribal liaison.

Changed consultation policy update frequency from 'biannually' to 'annually' to ensure more regular updates.

FISCAL

Added language stating that tribal liaison designation and related functions are subject to the availability of appropriations.

SB0379_1(10).pdf → SB0379_2(9).pdf · 4 edits

MODERATE

This bill amends Montana's tribal consultation laws by adding specific state departments and agencies to the list of entities required to comply with tribal consultation requirements. It also modifies key deadlines, changing the consultation policy creation date from January 1, 2026, to July 1, 2026, and changing the tribal liaison designation deadline from an unspecified date to July 1, 2026. The bill further changes the annual report submission deadline from August 15 to September 15. These changes expand the scope of agencies subject to tribal consultation requirements and adjust compliance timelines.

Scope change

The bill expands the scope of applicability by adding multiple state departments (including Agriculture, Commerce, Corrections, Environmental Quality, Fish, Wildlife and Parks, Justice, Labor and Industry, Livestock, Military Affairs, Natural Resources and Conservation, Public Health and Human Services, Public Instruction, Revenue, and Transportation) to the list of agencies required to establish tribal liaison positions and consultation policies.

SCOPE

Added 13 specific state departments to the list of agencies required to comply with tribal consultation requirements

TIMELINE

Changed consultation policy creation deadline from January 1, 2026 to July 1, 2026

Changed tribal liaison designation deadline to July 1, 2026

Changed annual report submission deadline from August 15 to September 15

SB0379_2(8).pdf → SB0379_1(8).pdf · 8 edits

MODERATE

This bill amends Montana's tribal consultation laws to strengthen requirements for state agencies to engage with tribal governments. It adds formal definitions for consultation and tribal entities, requires agencies to create written consultation policies, designates tribal liaisons, mandates regular training, and establishes annual reporting to the governor.

Scope change

The bill expands the scope by adding formal definitions and specific procedural requirements that were not previously detailed in the statute.

DEFINITION

Added formal definitions for 'consultation', 'state agency', 'tribal government', 'tribal officials', and 'tribe' to clarify terms used throughout the consultation process.

REQUIREMENT

Requires state agencies to develop written consultation policies by January 1, 2026, and update them at least biannually.

Mandates that each state agency designate an employee as a tribal liaison who reports directly to the agency head.

Requires tribal liaisons to receive regular training on government-to-government relations and cultural competency.

Requires the governor to convene annual working meetings with tribal officials to discuss tribal concerns and policy impacts.

Mandates annual reporting by state agencies to the governor and distribution of reports to tribal governments by September 15.

Changed the consultation policy deadline from July 1, 2026 to January 1, 2026, and updated training frequency from annual to biannual.

TIMELINE

Establishes specific deadlines for policy creation, training, and annual reporting to the governor.

SB0379_1(7).pdf → SB0379_2.pdf · 4 edits

MODERATE

This bill revision reorganizes the bill's text structure and adds specific state departments to the list of agencies required to implement tribal consultation policies. It also changes the deadline for creating consultation policies from January 1, 2026, to July 1, 2026, and modifies the requirement for designating tribal liaisons to have a specific July 1, 2026 deadline. The changes streamline the document formatting and clarify which state departments must comply with tribal consultation requirements.

Scope change

The bill's scope now explicitly includes additional state departments (Administration, Agriculture, Commerce, Corrections, Environmental Quality, Fish, Wildlife and Parks, Justice, Labor and Industry, Livestock, Military Affairs, Natural Resources and Conservation, Public Health and Human Services, Public Instruction, Revenue, and Transportation) that must comply with tribal consultation requirements.

REQUIREMENT

Added specific state departments to the list of agencies required to establish tribal consultation policies and designate tribal liaisons.

TIMELINE

Changed the deadline for creating consultation policies from January 1, 2026, to July 1, 2026.

Added a specific July 1, 2026 deadline for designating tribal liaison employees.

TECHNICAL

Reorganized the bill's text structure and formatting, including changes to section numbering and layout.

LC4351.pdf → SB0379_1.pdf · 3 edits

MINOR

The bill was renumbered from LC 4351 to SB 379 and sponsors were added. The substantive legislative text regarding tribal consultation remains the same, with only minor formatting adjustments to the line numbers and spacing.

TECHNICAL

Bill number changed from LC 4351 to SB 379.1

List of bill sponsors (S. Webber, J. Reavis, B. Edwards, etc.) was added

Page headers and line numbers were reformatted for the new bill version

Revise laws related to state-tribal consultation

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