Sec. 207. Tribal marijuana sovereignty
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/bill/116/s/421/is/section-207A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The fact that an Indian tribe, a member of an Indian tribe, or a tribal entity is producing, purchasing, or in possession of marijuana in compliance with the law of the Indian tribe that has jurisdiction over the Indian country, as defined in section 1151 of title 18, United States Code, where the conduct occurs shall not be considered when— allocating or distributing Federal funds or other Federal benefits to the Indian tribe, a member of an Indian tribe, or the tribal entity; determining the eligibility of the Indian tribe or the tribal entity for any contract, grant, or other agreement with the United States, or the renewal or modification thereof, where the legal production, purchase, or possession of marijuana by the Indian tribe or a member of an Indian tribe would otherwise disqualify the Indian tribe from eligibility; evaluating the ongoing compliance of the Indian tribe or the tribal entity with any contract, grant, or other agreement with the United States where the legal production, purchase, or possession of marijuana by the Indian tribe or a member of an Indian tribe would otherwise result in the Indian tribe or tribal entity being out of compliance; and determining if the Indian tribe or a member of an Indian tribe is eligible for Federal benefits for which the Indian tribe or a member of an Indian tribe would otherwise be eligible.
This subsection shall not prohibit consideration of income from the legal production, purchase, or possession of marijuana to the same extent that the other legal income would be considered when allocating or distributing Federal funds or determining eligibility for Federal benefits. For purposes of this subsection: The term tribal entity means— tribal organizations as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act of 1975 ( 25 U.S.C. 5304(l) ); tribally designated housing entities as defined in section 4(22) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103(22) ); or Indian-owned businesses and tribal enterprises as defined in paragraphs
(5)and
(8)of section 3 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 ( 25 U.S.C. 4302 ). The term legally authorized means permitted under the laws of— the United States; the State where the lands held in fee by an Indian tribe or held in trust by the United States for the benefit on behalf of that Indian tribe are located; or an Indian tribe.
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