Judiciary committee amends, then declines to advance bill formalizing tribal consultation

Representative Colette Brown, District 9, introduced House Bill 1455 to require the North Dakota Indian Affairs Commission to review legislation each session and trigger consultation with tribal governments when bills carry tribal implications.

"This bill is not just about policy, it's about strengthening the relationship between the state of North Dakota and the sovereign tribal nations within our borders," Representative Brown said, arguing that codified consultation would prevent well‑intentioned laws from inadvertently harming tribal communities.

The bill would direct the Indian Affairs Commission to review legislation introduced each session and, when a measure has a direct impact on a tribal nation, to initiate consultation through the Commission. Supporters said the change would formalize a process they said the office currently performs informally.

Ross Gerlach Bell testified in support on behalf of the Canyon Rock Sioux tribe, saying the tribe backed the legislation and "hopes for its enactment." Brad Hawk, executive director of the North Dakota Indian Affairs Commission, testified he would characterize the agency's posture as neutral because the commission would be responsible for implementing the requirement. "We do have multiple ways of communicating," Hawk said, but he cautioned the commission is a staff of four and that tracking and notifying tribes about every legislative filing could strain capacity.

Committee members debated two main concerns: whether existing practice already provides consultation and whether a statutory "shall" could create an unfunded mandate that would require additional staff or FTEs. Several senators said the office already works to connect tribal leaders to legislative activity, and that codifying the duty could lead to future budget requests. Senator Paulson and others explicitly raised the possibility that the bill's mandatory language could become an unfunded requirement in later sessions.

Senator Castaneda moved an amendment to change the bill language from "each measure" to "all legislation." Senator Corey seconded the amendment; the committee voted to adopt it.

After debate, Senator Lewick moved a do‑not‑pass recommendation on House Bill 1455 as amended. The chair put the question and the committee adopted the do‑not‑pass recommendation. In the roll call during the recommendation vote, Senators Paulson, Castaneda, Cory and Luke recorded votes in favor; Senator Brownberger and Chair Larson recorded votes opposed. The committee adopted the do‑not‑pass recommendation; committee members discussed that the statute could be revisited if the Indian Affairs Commission requested codification at a later time.

The committee also discussed practical next steps: Hawk invited members to the Commission's annual government‑to‑government conference in June and suggested continued use of interim committee work to surface bills with tribal implications earlier in the process. Representative Brown said she supports the amendment clarifying the bill would apply to North Dakota legislation and asked the committee to consider the bill's intent to give tribes a stronger, predictable role.

The committee recorded that the do‑not‑pass recommendation had been adopted and identified a senator to carry the bill forward for floor action.