2288 AMH NEAL 34 Adopted 2-8-02

HB 2288 - H AMD

By Representative Fisher

     On page 1, line 7, after Aagencies,@ insert Atribal governments,@

     On page 1, line 13, after Aperpetuity.@ insert:

A(1) Tribal governments shall only be eligible to participate

in an exchange agreement if they:

     (a) Provide the department with a valid waiver of their tribal sovereign immunity from suit.  The waiver must allow the department to enforce the terms of the exchange agreement or quitclaim deed in state court; and

      (b) Agree that the property shall not be placed into trust status.

     (2)@

EFFECT:  Includes tribal governments among the entities to which the Department of Transportation may convey environmental mitigation sites, in exchange for maintenance of those sites.  In order to participate tribal governments must waive sovereign immunity with respect to the transaction so that the state can enforce reversion rights in state court.