Section 12.5 – Agreement with a tribe.

• (1) As used in this section, “tribe” means a federally recognized:
  • (a) Indian tribe; or
  • (b) Indian band.

• (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:
      • (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 any 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 23-16-5, placing a limit of one of any species of big game during a license year;
    • (ii) Section 23-16-6, commencement date of the general deer season;
    • (iii) a hunter or furharvester education requirement under Chapter 19, Licenses, Permits, and Tags;
    • (iv) an age restriction under Chapter 19, Licenses, Permits, 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) Prior to executing an agreement under this Subsection (2), the governor shall consult with:
    • (i) the division; and
    • (ii) the chair of the Wildlife Board created in Section 23-14-2.
  • (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 70, 2002 General Session