20-2-102. INTENT OF TRIBE TO PREEMPT STATE LAW.

The Rosebud Sioux Tribe, not the State of South Dakota or its political subdivisions, has exclusive jurisdiction over utilities operating within or maintaining, or controlling any equipment or facilities within the Reservation for furnishing at retail price any utility service product or commodity to any customer. The Tribe, subject solely to the supremacy of federal law, exercise civil regulatory jurisdiction over Indians and non-Indians on the reservation. In order to provide for the equitable regulation of such utilities and protection of such utilities, the Tribe, tribal members and nonmembers within the Reservation, it is the express intent of the Council that this Title shall preempt any law enacted by the State of South Dakota or local jurisdiction within the State purporting to regulate such utilities located, operating or providing services within the Reservation.

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