§ 54-40.2-05.1 — Review of agreement - Report

North Dakota § 54-40.2-05.1

• Jurisdiction: North Dakota
• Title 54: State Government
• Ch. 54-40.2: Agreements Between Public Agencies and Indian Tribes

Text

Upon the request of any political subdivision or any tribe affected by an approved
agreement, the Indian affairs commission shall make findings concerning the utility and
effectiveness of the agreement taking into account the original intent of the parties and may
make findings as to whether the parties are in substantial compliance with all provisions of the
agreement. In making its findings, the Indian affairs commission shall provide an opportunity,
after public notice, for the public to submit written comments concerning the execution of the
agreement. The Indian affairs commission shall prepare a written report of its findings made
pursuant to this section and shall submit copies of the report to the affected political subdivision
or public agency, the governor, and the affected tribes. The findings of the Indian affairs
commission made under this section are for informational purposes only. In any administrative
hearing or legal proceeding in which the performance of any party to the agreement is at issue,
the findings may not be introduced as evidence, or relied upon, or cited as controlling by any

party, court, or reviewing agency, nor may any presumption be drawn from the findings for the
benefit of any party.