Senate File 239 - Introduced



                                       SENATE FILE       
                                       BY  BLACK


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the exercise of regulatory authority by the
  2    department of natural resources and the natural resource
  3    commission within the boundaries of the Sac and Fox tribe
  4    settlement in Tama county, and providing for applicability and
  5    effective dates.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 2276SS 82
  8 av/je/5

PAG LIN



  1  1    Section 1.  Section 481A.38, subsection 3, Code 2007, is
  1  2 amended to read as follows:
  1  3    3.  The department and the commission shall exercise
  1  4 regulatory authority regarding seasons, bag limits, possession
  1  5 limits, locality, the method of taking, or the taking of fish
  1  6 and wildlife by members of the Sac and Fox tribe of the
  1  7 Mississippi in Iowa within the boundaries of the Sac and Fox
  1  8 tribe settlement in Tama county only to the extent provided in
  1  9 a written agreement between the tribal council of the Sac and
  1 10 Fox tribe of the Mississippi in Iowa and the department.  The
  1 11 written agreement shall not be construed to supersede or
  1 12 impair the regulatory authority exercised by the commission
  1 13 pursuant to the federal Migratory Bird Treaty Act, the federal
  1 14 Migratory Bird Stamp Hunting Act, the federal Endangered
  1 15 Species Act, or other federal law and shall not be construed
  1 16 to supersede or impair the regulatory authority exercised by
  1 17 the Sac and Fox tribe of the Mississippi in Iowa pursuant to
  1 18 any federal act, statute, or law.  The department and the
  1 19 commission shall not unreasonably fail to enter into an
  1 20 agreement and shall pursue such an agreement in an expedient
  1 21 manner.  This subsection shall become effective upon signing
  1 22 of the written agreement by the director of the department and
  1 23 the chairperson of the Sac and Fox tribe of the Mississippi in
  1 24 Iowa.
  1 25    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  1 26 immediate importance, takes effect upon enactment.
  1 27                           EXPLANATION
  1 28    Code section 481A.38 is amended to provide that the
  1 29 department of natural resources and the natural resource
  1 30 commission are allowed to exercise regulatory authority over
  1 31 fishing and hunting in the Sac and Fox tribe settlement in
  1 32 Tama county only to the extent provided in a written agreement
  1 33 between the tribal council of the tribe and the department.
  1 34 In addition, such a written agreement shall not be construed
  1 35 to supersede or impair the regulatory authority exercised by
  2  1 the commission pursuant to the federal Migratory Bird Treaty
  2  2 Act, the federal Migratory Bird Stamp Hunting Act, the federal
  2  3 Endangered Species Act or other federal law, or the regulatory
  2  4 authority exercised by the tribe pursuant to any federal act,
  2  5 statute, or law.
  2  6    The bill shall apply to the exercise of regulatory
  2  7 authority by the department and the commission upon the
  2  8 signing of such a written agreement by the director of the
  2  9 department and the chairperson of the tribe.
  2 10    The bill takes effect upon enactment.
  2 11 LSB 2276SS 82
  2 12 av:nh/je/5.1