CHAPTER 32-4
DELEGATED HEMP REGULATORY POWERS TO THE TAX COMMISSION

32-4-1 Authorization of the Tax Commission to Regulate Hemp Production.

(A)    The Tribal Council hereby authorizes and directs the Tax Commission to carry out this title to regulate the production and handling of hemp within the Nation’s territory. The Tribal Council vests in the Tax Commission all necessary, specific, and implied powers under this title, any applicable federal law or standard related to the production and handling of hemp, and best practices generally accepted in the hemp industry for the Tax Commission to carry out its responsibilities under this title.

(B)    The Tribal Council authorizes the Tax Commission to issue regulations to carry out this title and set application fee schedules subject to the Tribal Council’s final approval.

(C)    The Tribal Council authorizes the Tax Commission to promulgate policies, procedures, and guidance as necessary to carry out its regulatory duties under this title.

(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)

32-4-2 Powers.

The Tax Commission shall have, in addition to its other powers as defined under tribal law, the following powers to implement this title and regulate the production and handling of hemp within the Nation’s territory:

(A)    To enforce this title within the Tribe’s territory;

(B)    To review, approve, deny, issue, suspend, and revoke hemp production licenses;

(C)    To hear appeals of licensing decisions made under this title;

(D)    To conduct inspections;

(E)    To collect and maintain records;

(F)    To monitor, inspect, and investigate producers’ compliance with the terms of the hemp production license, this title, and any policies, procedures, rules, or regulations issued to implement this title, which includes, but is not limited to, inspecting lots, registered land areas, and production operations;

(G)    To ensure the required sampling, testing, and disposal of cannabis produced within the Nation’s territory is conducted as required pursuant to this title;

(H)    To develop and carry out corrective action plans for producers who are found to have committed a negligent violation of this title;

(I)    To report producers’ violations to the appropriate officials of the Nation and federal government;

(J)    To submit information to the appropriate officials of the Nation and federal government;

(K)    To facilitate the Secretary’s compliance audits;

(L)    To propose an annual budget for the Tax Commission to the Council to ensure the Tax Commission has adequate resources to carry out its responsibilities under this title;

(M)    To set application fee schedules subject to Tribal Council approval and collect such fees;

(N)    To assess applicable taxes pursuant to Nation law on hemp production, processing, and/or handling activities and collect such taxes;

(O)    To issue regulations subject to Tribal Council approval;

(P)    To promulgate policies, procedures and guidance to implement this title;

(Q)    To consult with and make recommendations to the Council regarding changes to the title;

(R)    Shall provide and maintain a list of approved seeds to be used by licensees. The Tax Commission may hear submissions to this list.

(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)

32-4-3 Annual Budget.

The Tax Commission shall prepare a proposed annual budget for the Tax Commission to ensure it has adequate resources for its responsibilities and activities under this title and present it to the Tribal Council.

(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)

32-4-4 Assets.

The Tax Commission shall have only those assets specifically assigned to it by the Tribal Council or acquired in its name by the Nation or by it on its own behalf. No activity of the Tax Commission or any indebtedness incurred by it shall implicate or in any way involve any assets of tribal members or the Nation not assigned in writing to the Tax Commission.

(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)

32-4-5 Sovereign Immunity.

The Tax Commission possesses the Nation’s sovereign immunity from suit as an arm of the Tribe and shall have no authority to waive sovereign immunity. Nothing in this title shall be deemed a waiver of the sovereign immunity of the Tax Commission, the Nation, any other tribal entity, or any officers, instrumentalities, and agents thereof.

(Enacted by PBP TC No. 2020-141, May 6, 2020; amended by PBP TC No. 2021-291, July 28, 2021)