Bill seeks to strengthen tribal consultation on North Dakota legislation
North Dakota Indian Affairs Commission Executive Director Brad Hawk participates in a commission meeting Feb. 28, 2024, at the Capitol in Bismarck. A new bill would require the Indian Affairs Commission to consult with tribal leaders on any proposed legislation affecting tribes. (Mary Steurer/North Dakota Monitor)
A group of lawmakers says the state should be required to consult with tribes before passing any laws that affect Native nations.
“It is not just a courtesy to consult, it’s a moral and legal obligation,” said Rep. Collette Brown, the primary sponsor of House Bill 1455 and a citizen of the Spirit Lake Nation.
The bill would task the North Dakota Indian Affairs Commission with alerting tribal chairs of any proposed legislation that could impact tribes before the bills pass. Four other Native lawmakers — Rep. Lisa Finley-DeVille, Rep. Jayme Davis, and Sen. Richard Marcellais — are also among the proposal’s sponsors.
Brown, a Warwick Democrat, said it’s not uncommon for the Legislature to pass new laws that affect tribes without any input from tribal leaders
Brown pointed to the Legislature’s legalization of e-tab machines in 2017, which she said has caused casinos on the reservations to take a revenue hit.
Another example is a 2023 bill that eliminated the vehicle excise tax exemption for enrolled tribal members who don’t live on a reservation. Davis, D-Rolette, testified earlier this session that tribal leaders were not aware of the proposal until it was passed.
Brown said her goal is for tribal leaders to be aware of any legislation that could have “significant and tangible impact” on their citizens.
“If a legislative measure directly affects a tribe’s people, governance, resources, or cultural practices in a meaningful way, it qualifies as having a substantial direct effect,” Brown said in testimony to the House Political Subdivisions Committee earlier this month.
She said tribes deserve advance notice on important bills so they have time to prepare testimony and plan trips to the Capitol. It can be difficult for tribal members to travel from reservations to Bismarck, especially during the winter months, she noted.
In testimony in support of the bill, Turtle Mountain Band of Chippewa Chair Jamie Azure wrote that the proposal is in “state’s and tribes’ best interest.”
“When measures affect tribes either favorably or adversely, a seat at the table allows our perspectives to be heard,” he wrote.
Brad Hawk, executive director of the Indian Affairs Commission, told committee members that anywhere from 40 to 100 bills each legislative session impact tribes.
Hawk said he and his team already consult with tribal leaders on bills, but having a formal consultation process could help clarify the commission’s responsibilities and streamline its work.
Some committee members asked Hawk whether the Indian Affairs Commission would need more resources or staff to satisfy the requirements of the bill. He said he doesn’t anticipate needing any additional funding at this time.
The bill originally required all consultations on bills to occur before the bills have their first committee hearings, but lawmakers on Monday removed this requirement.
The House voted 63-28 in favor of the bill late Tuesday. It advances to the Senate for further consideration.