ENTITLED An Act to establish principles for a state agency to consider when formulating or implementing a program that has the potential of affecting tribal members on a reservation.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 1-54-5 be AMENDED:

1-54-5. It is the policy of the state to consult with a tribal government regarding the conduct of state government programs that have the potential of affecting tribal members on a reservation. In developing or administering any program that has the potential of affecting tribal members on a reservation, the state recognizes the following guiding principles:

(1) Commitment to cooperation and collaboration between the agency and each Indian tribe;

(2) Understanding of and respect for the Indian tribes as sovereign nations and the government-to-government relationship between the state and each tribe;

(3) Regular and early communication with tribal officials;

(4) Accountability when addressing issues raised by tribal officials regarding the program; and

(5) Preservation of the tribal-state relationship.

This section may not be construed to confer any substantive rights on any party in any litigation or otherwise.

An Act to establish principles for a state agency to consider when formulating or implementing a program that has the potential of affecting tribal members on a reservation.