Consultation with tribal government--Certain state programs--Guiding principles--No substantive right

It is the policy of the state to consult with a tribal government regarding the conduct of state government programs that have the potential of affecting tribal members on a reservation. In developing or administering any program that has the potential of affecting tribal members on a reservation, the state recognizes the following guiding principles: (1) Commitment to cooperation and collaboration between the agency and each Indian tribe; (2) Understanding of and respect for the Indian tribes as sovereign nations and the government-to-government relationship between the state and each tribe; (3) Regular and early communication with tribal officials; (4) Accountability when addressing issues raised by tribal officials regarding the program; and (5) Preservation of the tribal-state relationship. This section may not be construed to confer any substantive rights on any party in any litigation or otherwise. Source: SL 1990, ch 5 ; SDCL § 1-4-26; SL 2011, ch 1 (Ex. Ord. 11-1), § 83, eff. Apr. 12, 2011; SL 2026, ch 17 , § 1.