23A-1-202. Agreement with a tribe.
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/ut/title-23a/chapter-1/23a-1-202·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 7/1/2024
23A-1-202. Agreement with a tribe.
(1)As used in this section, "tribe" means a federally recognized:
(a)Indian tribe; or
(b)Indian band.
(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:
(A)a treaty;
(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:
(i)be in writing;
(ii)be signed by:
(A)the governor; and
(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:
(i)the division; and
(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