Current through the 2024 Fourth Special Session
Section 23A-1-202 - Agreement with a tribe(1) As used in this section, "tribe" means a federally recognized: (2)(a) Subject to the requirements of this section, the governor may enter into an agreement with a tribe to settle a dispute between the state and the tribe concerning a hunting, fishing, or trapping right claim that is: (i) based on: (B) an aboriginal right; or(C) other recognized federal right; and(ii) on lands located within the state.(b) Except as provided in Subsection (2)(c), an agreement permitted under Subsection (2)(a) may not exempt a person from the requirements of this title.(c) An agreement permitted under Subsection (2)(a) may exempt or partially exempt a tribe that is a party to the agreement or a member of that tribe from: (i) Section 23A-4-1110, placing a limit of one of any species during a license year;(ii) Section 23A-11-202, commencement date of the general deer season;(iii) a hunter or furharvester education requirement under Chapter 4, Licenses, Permits, Certificates of Registration, and Tags;(iv) an age restriction under Chapter 4, Licenses, Permits, Certificates of Registration, and Tags;(v) paying a fee required under this title to obtain a hunting, fishing, or trapping license or permit;(vi) obtaining a license or permit required under this title to hunt, trap, or fish; or(vii) complying with a rule or proclamation of the Wildlife Board if the exemption is not inconsistent with this title.(d) An agreement permitted under Subsection (2)(a) shall:(ii) be signed by: (B) the governing body of the tribe that: (I) is designated by the tribe; and(II) may bind the tribe to the terms of the agreement;(iii) be conditioned on obtaining any approval required by federal law;(iv) state the effective date of the agreement;(v) provide that the governor shall renegotiate the agreement if the agreement is or becomes inconsistent with a state statute for which an exemption is not authorized under this section; and(vi) include any accommodation made by the tribe that: (A) is agreed to by the tribe;(B) is reasonably related to the agreement; and(C) concerns the management and use of wildlife resources or habitat.(e) Before executing an agreement under this Subsection (2), the governor shall consult with: (ii) the chair of the Wildlife Board.(f) At least 30 days before the agreement under this Subsection (2) is executed, the governor or the governor's designee shall provide a copy of the agreement in the form that the agreement will be executed to:(i) the chairs of the Native American Legislative Liaison Committee; and(ii) the Office of Legislative Research and General Counsel.Amended by Chapter 347, 2024 General Session ,§ 3, eff. 7/1/2024.Renumbered from § 23-13-12.5 and amended by Chapter 103, 2023 General Session ,§ 5, eff. 7/1/2023.Amended by Chapter 70, 2002 General Session.