Montana § 90-6-709 Agreements With Tribal Governments

Montana Statutes

§ 90-6-709 — Agreements With Tribal Governments

Montana·Title 90 PLANNING, RESEARCH, AND DEVELOPMENT·Ch. 6 COMMUNITY IMPACT -- PLANNING AND ABATEMENT·Part 7 Montana Coal Endowment Program

90-6-709 . Agreements with tribal governments.

(1)Agreements with tribal governments in Montana entered into under this part must contain, in addition to other appropriate terms and conditions, the following conditions:

(a)a requirement that in the event that a dispute or claim arises under the agreement, state law will govern as to the interpretation and performance of the agreement and that any judicial proceeding concerning the terms of the agreement will be brought in the district court of the first judicial district of the state of Montana;

(b)an express waiver of the tribal government's immunity from suit on any issue specifically arising from the transaction of a loan or grant; and

(c)an express waiver of any right to exhaust tribal remedies signed by the tribal government.

(2)

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90-6-709 . Agreements with tribal governments. (1) Agreements with tribal governments in Montana entered into under this part must contain, in addition to other appropriate terms and conditions, the following conditions:
(a) a requirement that in the event that a dispute or claim arises under the agreement, state law will govern as to the interpretation and performance of the agreement and that any judicial proceeding concerning the terms of the agreement will be brought in the district court of the first judicial district of the state of Montana;
(b) an express waiver of the tribal government's immunity from suit on any issue specifically arising from the transaction of a loan or grant; and
(c) an express waiver of any right to exhaust tribal remedies signed by the tribal government.
(2) Agreements with tribal governments must be approved by the secretary of the United States department of the interior whenever approval is necessary.

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