ND SB2353

State agencies must develop processes allowing elected officials and representatives of federally recognized Indian tribes to provide meaningful and timely input on regulatory policies and rules significantly or uniquely affecting tribal communities.

Agencies cannot adopt non-statutory rules significantly or uniquely affecting Indian tribal communities with substantial direct compliance costs unless federal or state funding covers those costs or the agency documents prior consultation, tribal concerns, and its position to the office of management and budget.

Agencies must make available to the office of management and budget any written communications from affected Indian tribal governments regarding proposed rules.

Agencies should explore and use consensual mechanisms, including negotiated rulemaking, when developing rules on issues relating to tribal self-government, trust resources, or treaty and other rights.

The Act applies only to internal executive branch management and does not create enforceable rights, benefits, or trust responsibilities against the state, its agencies, officers, or employees.