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 wildlifeby members of the Sac and Fox tribe of the 1 7 Mississippi in Iowawithin 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