§ 9-9-208 — Limitations on state authority with respect to property and rights of Indians.

Utah § 9-9-208

• Jurisdiction: Utah
• Title 9: Cultural and Community Engagement
• Ch. 9-9: Utah Division of Indian Affairs Act
• Part 9-9-2: State and Tribal Jurisdiction

Text

Nothing in this chapter:
(1) authorizes the alienation, encumbrance, or taxation of any real or personal property, including water rights belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States;
(2) authorizes the regulation of the use of this property in a manner inconsistent with any federal treaty, agreement, or statute or with any regulation made pursuant to them;
(3) confers jurisdiction upon the state to adjudicate, in probate proceedings or otherwise, the ownership or right to possession of this property or any interest in it; or
(4) enlarges, diminishes, or deprives any Indian or any Indian tribe, band, or community of any right, privilege, or immunity afforded under federal treaty, agreement, statute, or executive order with respect to Indian land grants, hunting, trapping, or fishing or the control, licensing, or regulation of these.

Legislative History

Renumbered and Amended by Chapter 241, 1992 General Session