Tribal entities.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0057

ENROLLED ACT NO. 50, SENATE

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to the business council of the Eastern Shoshone Indian Tribe and the business council of the Northern Arapaho Indian Tribe and the state of Wyoming; authorizing the two (2) business councils to participate in joint powers boards and to serve as sponsors for water development projects in the same manner as local governments; providing a statement of purpose; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 16
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1
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103(a)(i), 16
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1
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104(a), 41
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2
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114(a)(intro), (iv)(F), (v)(D) and 41
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2
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1101(b) are amended to read:

16
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1
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103.

Definitions.

(a)

As used in this act:

(i)

"Agencies" means Wyoming counties, municipal corporations, school districts, community college districts, the joint business council of the Eastern Shoshone and Northern Arapaho Indian tribes,
the business council of the Eastern Shoshone Indian tribe, the business council of the Northern Arapaho Indian tribe,
joint powers boards formed pursuant to this act or special districts specifically involved in providing facilities or functions enumerated in W.S. 16
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1
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104(c);

16
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1
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104.

Joint powers, functions and facilities; city-county airport board; eligible senior citizen centers.

(a)

Any power, privilege or authority exercised or capable of being exercised by an agency may be exercised and enjoyed jointly with any other agency having a similar power, privilege or authority. No cost shall be incurred, debt accrued, nor money expended by any contracting party, which will be in excess of limits prescribed by law. If the joint business council of the Eastern Shoshone and Northern Arapaho Indian tribes
, the business council of the Eastern Shoshone Indian tribe or the business council of the Northern Arapaho Indian tribe
participates in a joint powers board under this act with political subdivisions and special districts of Wyoming, the powers of the joint business council,
the powers of the business council of the Eastern Shoshone Indian tribe, the powers of the business council of the Northern Arapaho Indian tribe,
Wyoming political subdivisions and Wyoming special districts are neither increased or decreased by that participation. Rather the participation of the joint business council
, the business council of the Eastern Shoshone Indian tribe or the business council of the Northern Arapaho Indian tribe
is intended to facilitate implementation of programs and projects designed to more effectively benefit Wyoming's citizens.

41
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2
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114.

Development of water projects; rehabilitation of water projects.

(a)

The commission shall, on the basis of the state water plan or as otherwise directed by the legislature and after consultation with and advice from state agencies and officials, other appropriate agencies and officials, the joint business council of the Eastern Shoshone and Northern Arapaho Indian tribes
, the business council of the Eastern Shoshone Indian tribe, the business council of the Northern Arapaho Indian tribe
and members of the public, identify and select potential projects to be studied for inclusion in the Wyoming water development program pursuant to the following schedule:

(iv)

Level III construction and operation plans shall proceed as authorized and approved by the legislature under the immediate direction and control of the commission. Preference in the marketing of hydroelectric power from any such project shall be given to utilities serving Wyoming municipalities and to rural electric cooperatives where economical and permissible under federal law. Pursuant to legislative authorization for water development projects and prior to completion of Level III construction the commission may:

(F)

Contract with, contribute to or receive contributions from any legal subdivision of the state, special district, the joint business council of the Eastern Shoshone and Northern Arapaho Indian tribes,
the business council of the Eastern Shoshone Indian tribe, the business council of the Northern Arapaho Indian tribe,
private corporation or person for the construction, operation, management and maintenance of any project or any interest in any facility or function of a project.

(v)

After completion of Level III construction, the commission:

(D)

May contract with, contribute to or receive contributions from any legal subdivision of the state, special district, the joint business council of the Eastern Shoshone and Northern Arapaho Indian tribes,
the business council of the Eastern Shoshone Indian tribe, the business council of the Northern Arapaho Indian tribe,
private corporation or person for the operation, management and maintenance of any project or any interest in any facility or function of a project.

41
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2
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1101.

Projects.

(b)

The joint business council of the Eastern Shoshone and Northern Arapaho Indian tribes
, the business council of the Eastern Shoshone Indian tribe or the business council of the Northern Arapaho Indian tribe
may apply for assistance from the state and serve as a sponsor for water development programs and projects in the same manner as political subdivisions and special districts.

Section 2.

W. S. 41-2-1101(a) is repealed.

Section 3.

The state of Wyoming recognizes members of the Eastern Shoshone and Northern Arapaho Indian tribes are citizens of both their tribal governments and of Wyoming, as well as several of its political subdivisions. Those citizens can best be served if the business councils of both tribes, in addition to the joint business council, are allowed to work cooperatively with the state of Wyoming and the state's political subdivisions.

Section 4.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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