(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 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.
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