2.65.403    PETITION TO ADD A TRIBE

(1) A person, as defined in 22-3-903(12), MCA, or tribe may petition the board to add a tribe or tribes to the list in ARM 2.65.402. The petition must be in writing and include evidence supporting the proposal to add a tribe or tribes to the list.

(2) The board shall consider each petition and decide, based on the petitioner's evidence and any other evidence coming to the board's attention, whether adding a tribe or tribes to the list is justified.

(3) If, based on a preponderance of the evidence, the board finds that the petition documents an identifiable earlier tribe, the board shall propose to amend ARM 2.65.402.

(4) If, based on a preponderance of the evidence, the board finds that the petition fails to document an identifiable earlier tribe, the board shall dismiss the petition without prejudice, allowing a person to resubmit a petition with additional evidence.

History: 22-3-904, MCA; IMP, 22-3-903, 22-3-904, MCA; NEW, 2013 MAR p. 785, Eff. 5/10/13.