§ 25-7-1307 — Funding for staff and program costs

(1) The commission shall
establish fees for permits and other regulatory services provided by the division or
the tribe under this part 13. The commission shall direct air pollution sources to pay
said fees to the tribe. The tribe may also apply for and receive EPA grants for the
administration of the reservation air program.

(2) From the fees and grants, the tribe shall fund the staff and program costs
necessary to perform the tribe's duties under the intergovernmental agreement and
this part 13. The tribe shall pay the state for the personal services costs, at a rate of
compensation determined by contract, of any state employee who participates in
the administration of the reservation air program pursuant to the intergovernmental
agreement or this part 13.

(3) It is the intent of the general assembly that fees and grants shall pay the
necessary expenses of the commission. If the fees and grants are not sufficient to
pay the commission's expenses, then the state and the tribe shall be responsible for
funding associated with the participation of their respective representatives on the
commission. State funding for its expenses must come from either a separate
appropriation to the division or from funds otherwise available that the state is
authorized to use for such a purpose.

(4) Prior to the establishment and collection of fees from air pollution
sources under the reservation air program, the tribe may have expenses associated
with its administration of permits for non-Indian owned sources on fee land. If the
state continues to collect fees under section 25-7-114.7 from air pollution sources
on fee lands, and if the tribe has expenses associated with the administration of a
state-issued permit, then the division is authorized to use such permit and other
fees to pay for the tribe's personal services costs. The state is authorized to
contract with the tribe setting forth the reasonable cost for such services
performed by the tribe.

Legislative History

Source: L. 2000: Entire part added, p. 112, � 1, effective March 15.