23A-1-202. Agreement with a tribe.
(1) As used in this section, "tribe" means a federally recognized: Indian tribe; or Indian band.
(2) 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: based on: a treaty; an aboriginal right; or other recognized federal right; and on lands located within the state. 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. 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: Section, placing a limit of one of any species during a license year; 23A-4-1110 Section, commencement date of the general deer season; 23A-11-202 a hunter or furharvester education requirement under Chapter 4, Licenses, Permits, Certificates of Registration, and Tags; an age restriction under Chapter 4, Licenses, Permits, Certificates of Registration, and Tags; paying a fee required under this title to obtain a hunting, fishing, or trapping license or permit; obtaining a license or permit required under this title to hunt, trap, or fish; or complying with a rule or proclamation of the Wildlife Board if the exemption is not inconsistent with this title. An agreement permitted under Subsection (2)(a) shall: be in writing; be signed by: the governor; and the governing body of the tribe that: is designated by the tribe; and may bind the tribe to the terms of the agreement; be conditioned on obtaining any approval required by federal law; state the effective date of the agreement; 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 include any accommodation made by the tribe that: is agreed to by the tribe; is reasonably related to the agreement; and concerns the management and use of wildlife resources or habitat. Before executing an agreement under this Subsection (2), the governor shall consult with: the division; and the chair of the Wildlife Board. 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: the chairs of the Native American Legislative Liaison Committee; and the Office of Legislative Research and General Counsel.