Utah Code § 9-9-206
State jurisdiction assumed under this chapter is limited by federal law and by the specific limits in each jurisdiction-ceding resolution.
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State jurisdiction assumed under this chapter is limited by federal law and by the specific limits in each jurisdiction-ceding resolution.
Utah must retrocede certain criminal or civil jurisdiction when the governor receives a qualifying tribal resolution, and the governor must issue a proclamation within 60 days.
This section limits state authority over certain Indian property and rights.
A tribal ordinance or custom adopted by an Indian tribe, band, or community must be given full force and effect in civil causes of action if it is not inconsistent with applicable state civil law.
This section defines "Indian reservation" for this part.
A person may not knowingly enter covered tribal-trust or restricted reservation property without lawful authority or tribal permission to hunt, trap, fish, or remove game, peltries, or fish.
This chapter does not apply to certain offenses by enrolled members of federally recognized Indian tribes when tribal law governs or exclusive tribal jurisdiction exists or may exist.
For certain chapter offenses that federal courts may also cover, Utah state court jurisdiction is concurrent, not exclusive, and state courts must deliver offenders to federal authorities for prosecution when those authorities consent.
A presidential townsite with Indian land may enter an agreement allowing Bureau of Indian Affairs agents to enforce applicable state and local misdemeanor and felony offenses on all lands in the townsite, if specified parties join the agreement and the agreement states its duration.
Short title. This part is known as the "Native American Grave Protection and Repatriation Act."
This section defines terms used in the part.
This section sets rules for who owns or controls discovered Native American remains, how they must be notified and cared for, and when excavation, activity, study, or temporary custody may occur.
This section criminalizes knowing sale, purchase, exchange, receipt, profit-use, or transport of Native American remains in the specified circumstances.
This section creates a Native American Remains Review Committee, sets its membership and appointment rules, limits member pay, and assigns review, consultation, access, support, and reporting duties.
Savings provision. Nothing in this part may be construed to: limit the authority of a state agency to: return or repatriate Native American remains to Indian tribes or individuals; or enter into another agreement with the consent of the
This section creates the Native American Repatriation Restricted Account in the General Fund and requires certain receipts and excess balances to be handled in the account or transferred to the General Fund. It also lets the division use the money, subject to legislative appropriation, for specified repatriation, consu
The division, the Antiquities Section, and the Division of State Parks must cooperate in a study about whether ancient Native American remains can be buried in state parks.
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