57.03.030 Powers and Duties of the Department

(a) The Department shall carry out the requirements of this title and all regulations which have been duly promulgated by the Commission.

(b) The Department is hereby authorized to act as both a public agency of the Tribe with the authority to regulate agriculture and also to house one agri-business holding company which shall hold and manage all tribally-owned agri-business ventures and interests. The processing of medical marijuana pursuant to Title 56 shall be conducted only by a business entity owned, controlled, and regulated by the Tribe and the processing of hemp shall be conducted exclusively by a business entity owned, controlled, and regulated by the Tribe for a period of five years from commencing operations, at which time processing of hemp shall become available for licensing under this title.

(c) A tribally-owned agri-business shall be required to obtain a License under this title in the same manner as any other entity or tribal member.

(d) The Department shall keep the government and business functions of the Department separate within the Department. If the Tribe establishes a Tribe-wide umbrella holding company, the Department shall work with the umbrella holding company to facilitate agri-business.

(e) The Director shall be under the general supervision of, and shall report directly to, the Chairman of the Tribe.

(f) The Director or their delegate shall attend every meeting of the Commission.

(g) The Department shall have the power to approve or deny the issuance of any license or permit required under this title and to impose fines and other penalties authorized by this title. A Licensee under this title shall be required to comply with any and all other applicable licensing requirements of the Tribe. All activity regulated under this title shall only be conducted with an active license from the Department. No person shall conduct any activity regulated by this title without an active license issued by the Department. Any adverse decision by the Department shall be subject to appeal to the Commission by the specifically affected party and the Commission's decision shall be final for purposes of judicial review in Tribal Court.

(h) The Department shall be responsible for developing a vigorous grant and technical assistance portfolio through the building of key relationships with experts in the fields of both food and agriculture. The Department shall develop a portfolio of cooperative agreements and other contractual relationships appropriate to the functions of the Department that will ensure the proper administration of the Department's programs and authorities.

(i) The Department shall maintain agreements with individuals and entities with the expertise, knowledge, and experience associated with the execution of this title.

(j) The Department shall maintain intergovernmental relationships with USDA, EPA, FDA, the North Dakota State Department of Agriculture, Educational institutions and any other relevant tribal, federal, state, and local regulatory bodies involved in food, traditional medicines, and agriculture.

(k) The Director and the Commission President shall provide any report or testimony, written or oral, to the Tribal Council in a manner determined by vote of the Tribal Council.

(l) The Department shall research and develop an intra-tribal business cooperative in conjunction with tribal members and tribal member-owned businesses dealing with any phase of agricultural product enterprise.

(m) The Department shall research and develop an inter-tribal business cooperative agreement in conjunction with other tribes to facilitate any phase of agricultural product enterprise.

(n) The Department is hereby authorized and required to develop integrated management plans for agriculture-related resources.

(o) The Department is hereby authorized to establish research and development protocols and projects with the Turtle Mountain Community College and other educational institutions on agriculture-related matters in compliance with the Research Protection Act.

(p) The Department is hereby required to develop agreements and protocols with relevant law enforcement agencies.

(q) The Department is hereby authorized and required to enforce compliance with this title against any person or entity.