United States — Utah Act or statute

United States — Utah legislation

Utah Code § 9-9-402

This section defines terms used in the part.

Source excerpt

government consultationproperty definitiontribal consultation

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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Definitions.

This section defines terms used in the part.

Section 9-9-402

Subsection 9-9-402(9)

"Native American remains" means remains that are Native American.

Section 9-9-402(9)

Subsection 9-9-402(11)

“Partner agency” means a state agency or tribal agency that participates in the remains repatriation process.

Section 9-9-402(11)

Subsection 9-9-402(14)(b)(i)

land owned by a political subdivision of the state;

Section 9-9-402(14)(b)(i)

Subsection 9-9-402(15)(e)

the consideration of the state's responsibilities to Indian tribes.

Section 9-9-402(15)(e)

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Showing 38 of 38 provisions

Provision 37Interpretation

Part 9-9-4

part 9-9-4 Native American Grave Protection and Repatriation Act

§ 9-9-402Definitions.Interpretation

Source excerpt

This section defines terms used in the part.

Definitions. As used in this part: "Antiquities Section" means the Antiquities Section of the State Historic Preservation Office. "Burial site" means a natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which as a part of the death rite or ceremony of a culture individual human remains are deposited. "Cultural affiliation" means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian tribe and an identifiable earlier group. "Director" means the director of the Division of Indian Affairs. "Division" means the Division of Indian Affairs. "Indian tribe" means a tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. "Lineal descendant" means the genealogical descendant established by oral or written record. "Native American" means of or relating to a tribe, people, or culture that is indigenous to the United States. "Native American remains" means remains that are Native American. "Nonfederal land" means land in the state that is not owned, controlled, or held in trust by the federal government. "Nonfederal land" includes: land owned or controlled by: the state; a county, city, or town; an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or a person other than the federal government; or school and institutional trust lands as defined in Section 53C-1-103 . "Partner agency" means an agency of the state or a tribal agency that participates in the remains repatriation process. "Remains" means all or part of a physical individual and objects on or attached to the physical individual that are placed there as part of the death rite or ceremony of a culture. "Review committee" means the Native American Remains Review Committee created by Section 9-9-405 . "State land" means land owned by the state including the state's: legislative and judicial branches; departments, divisions, agencies, boards, commissions, councils, and committees; and institutions of higher education as defined under Section 53H-1-101 . "State land" does not include: land owned by a political subdivision of the state; land owned by a school district; private land; or school and institutional trust lands as defined in Section 53C-1-103 . "Tribal consultation" means the state and the tribes exchanging views and information, in writing or in person, regarding implementing proposed state action under this part that has or may have substantial implications for tribes including impacts on: tribal cultural practices; tribal lands; tribal resources; access to traditional areas of tribal cultural or religious importance; or the consideration of the state's responsibilities to Indian tribes.

Section 9-9-402Verify source

§ 9-9-402(1)Subsection 9-9-402(1)Provision

Source excerpt

“Antiquities Section” means the Antiquities Section of the State Historic Preservation Office.

"Antiquities Section" means the Antiquities Section of the State Historic Preservation Office.

Section 9-9-402(1)Verify source

§ 9-9-402(2)Subsection 9-9-402(2)Provision

Source excerpt

“Burial site” is defined as a natural or prepared physical location where individual human remains are deposited as part of a culture’s death rite or ceremony.

"Burial site" means a natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which as a part of the death rite or ceremony of a culture individual human remains are deposited.

Section 9-9-402(2)Verify source

§ 9-9-402(3)Subsection 9-9-402(3)Provision

Source excerpt

This provision defines “cultural affiliation” as a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present-day Indian tribe and an identifiable earlier group.

"Cultural affiliation" means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian tribe and an identifiable earlier group.

Section 9-9-402(3)Verify source

§ 9-9-402(4)Subsection 9-9-402(4)Provision

Source excerpt

“Director” means the director of the Division of Indian Affairs.

"Director" means the director of the Division of Indian Affairs.

Section 9-9-402(4)Verify source

§ 9-9-402(5)Subsection 9-9-402(5)Provision

Source excerpt

“Division” means the Division of Indian Affairs.

"Division" means the Division of Indian Affairs.

Section 9-9-402(5)Verify source

§ 9-9-402(6)Subsection 9-9-402(6)Provision

Source excerpt

“Indian tribe” means a tribe, band, nation, or other organized group or community of Indians recognized as eligible for certain U.S. special programs and services because of their status as Indians.

"Indian tribe" means a tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

Section 9-9-402(6)Verify source

§ 9-9-402(7)Subsection 9-9-402(7)Provision

Source excerpt

“Lineal descendant” means a genealogical descendant established by oral or written record.

"Lineal descendant" means the genealogical descendant established by oral or written record.

Section 9-9-402(7)Verify source

§ 9-9-402(8)Subsection 9-9-402(8)Provision

Source excerpt

"Native American" means of or relating to a tribe, people, or culture that is indigenous to the United States.

Section 9-9-402(8)Verify source

§ 9-9-402(9)Subsection 9-9-402(9)Provision

Source excerpt

"Native American remains" means remains that are Native American.

Section 9-9-402(9)Verify source

§ 9-9-402(10)Subsection 9-9-402(10)Provision

Source excerpt

“Nonfederal land” means land in the state not owned, controlled, or held in trust by the federal government.

"Nonfederal land" means land in the state that is not owned, controlled, or held in trust by the federal government. "Nonfederal land" includes: land owned or controlled by: the state; a county, city, or town; an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or a person other than the federal government; or school and institutional trust lands as defined in Section 53C-1-103 .

Section 9-9-402(10)Verify source

§ 9-9-402(10)(a)Subsection 9-9-402(10)(a)Provision

Source excerpt

Defines “Nonfederal land” as land in the state not owned, controlled, or held in trust by the federal government.

"Nonfederal land" means land in the state that is not owned, controlled, or held in trust by the federal government.

Section 9-9-402(10)(a)Verify source

§ 9-9-402(10)(b)Subsection 9-9-402(10)(b)Provision

Source excerpt

"Nonfederal land" includes land owned or controlled by certain non-federal public or private owners, and includes school and institutional trust lands.

"Nonfederal land" includes: land owned or controlled by: the state; a county, city, or town; an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or a person other than the federal government; or school and institutional trust lands as defined in Section 53C-1-103 .

Section 9-9-402(10)(b)Verify source

§ 9-9-402(10)(b)(i)Subsection 9-9-402(10)(b)(i)Provision

Source excerpt

land owned or controlled by: the state; a county, city, or town; an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or a person other than the federal government; or

Section 9-9-402(10)(b)(i)Verify source

§ 9-9-402(10)(b)(i)(A)Subsection 9-9-402(10)(b)(i)(A)Provision

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the state;

Section 9-9-402(10)(b)(i)(A)Verify source

§ 9-9-402(10)(b)(i)(B)Subsection 9-9-402(10)(b)(i)(B)Provision

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Refers to a county, city, or town.

a county, city, or town;

Section 9-9-402(10)(b)(i)(B)Verify source

§ 9-9-402(10)(b)(i)(C)Subsection 9-9-402(10)(b)(i)(C)Provision

Source excerpt

Applies to an Indian tribe when the land is not held in trust by the United States for the tribe or its members.

an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or

Section 9-9-402(10)(b)(i)(C)Verify source

§ 9-9-402(10)(b)(i)(D)Subsection 9-9-402(10)(b)(i)(D)Provision

Source excerpt

Refers to a person other than the federal government.

a person other than the federal government; or

Section 9-9-402(10)(b)(i)(D)Verify source

§ 9-9-402(10)(b)(ii)Subsection 9-9-402(10)(b)(ii)Provision

Source excerpt

school and institutional trust lands as defined in Section 53C-1-103 .

Section 9-9-402(10)(b)(ii)Verify source

§ 9-9-402(11)Subsection 9-9-402(11)Provision

Source excerpt

“Partner agency” means a state agency or tribal agency that participates in the remains repatriation process.

"Partner agency" means an agency of the state or a tribal agency that participates in the remains repatriation process.

Section 9-9-402(11)Verify source

§ 9-9-402(12)Subsection 9-9-402(12)Provision

Source excerpt

“Remains” means all or part of a physical individual, plus objects on or attached to the body that were placed there as part of a culture’s death rite or ceremony.

"Remains" means all or part of a physical individual and objects on or attached to the physical individual that are placed there as part of the death rite or ceremony of a culture.

Section 9-9-402(12)Verify source

§ 9-9-402(13)Subsection 9-9-402(13)Provision

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"Review committee" means the Native American Remains Review Committee created by Section 9-9-405 .

Section 9-9-402(13)Verify source

§ 9-9-402(14)Subsection 9-9-402(14)Provision

Source excerpt

“State land” means land owned by the state, including specified state branches, agencies, and institutions of higher education, but excluding certain other public, private, and trust lands.

"State land" means land owned by the state including the state's: legislative and judicial branches; departments, divisions, agencies, boards, commissions, councils, and committees; and institutions of higher education as defined under Section 53H-1-101 . "State land" does not include: land owned by a political subdivision of the state; land owned by a school district; private land; or school and institutional trust lands as defined in Section 53C-1-103 .

Section 9-9-402(14)Verify source

§ 9-9-402(14)(a)Subsection 9-9-402(14)(a)Provision

Source excerpt

"State land" means land owned by the state, including specified state branches, agencies, and institutions.

Section 9-9-402(14)(a)Verify source

§ 9-9-402(14)(a)(i)Subsection 9-9-402(14)(a)(i)Provision

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legislative and judicial branches;

Section 9-9-402(14)(a)(i)Verify source

§ 9-9-402(14)(a)(ii)Subsection 9-9-402(14)(a)(ii)Provision

Source excerpt

departments, divisions, agencies, boards, commissions, councils, and committees; and

Section 9-9-402(14)(a)(ii)Verify source

§ 9-9-402(14)(a)(iii)Subsection 9-9-402(14)(a)(iii)Provision

Source excerpt

institutions of higher education as defined under Section 53H-1-101 .

Section 9-9-402(14)(a)(iii)Verify source

§ 9-9-402(14)(b)Subsection 9-9-402(14)(b)Provision

Source excerpt

"State land" does not include: land owned by a political subdivision of the state; land owned by a school district; private land; or school and institutional trust lands as defined in Section 53C-1-103 .

Section 9-9-402(14)(b)Verify source

§ 9-9-402(14)(b)(i)Subsection 9-9-402(14)(b)(i)Provision

Source excerpt

land owned by a political subdivision of the state;

Section 9-9-402(14)(b)(i)Verify source

§ 9-9-402(14)(b)(ii)Subsection 9-9-402(14)(b)(ii)Provision

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land owned by a school district;

Section 9-9-402(14)(b)(ii)Verify source

§ 9-9-402(14)(b)(iii)Subsection 9-9-402(14)(b)(iii)Provision

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private land; or

Section 9-9-402(14)(b)(iii)Verify source

§ 9-9-402(14)(b)(iv)Subsection 9-9-402(14)(b)(iv)Provision

Source excerpt

school and institutional trust lands as defined in Section 53C-1-103 .

Section 9-9-402(14)(b)(iv)Verify source

§ 9-9-402(15)Subsection 9-9-402(15)Provision

Source excerpt

Defines “tribal consultation” as the state and the tribes exchanging views and information, in writing or in person, about implementing proposed state action under this part.

"Tribal consultation" means the state and the tribes exchanging views and information, in writing or in person, regarding implementing proposed state action under this part that has or may have substantial implications for tribes including impacts on: tribal cultural practices; tribal lands; tribal resources; access to traditional areas of tribal cultural or religious importance; or the consideration of the state's responsibilities to Indian tribes.

Section 9-9-402(15)Verify source

§ 9-9-402(15)(a)Subsection 9-9-402(15)(a)Provision

Source excerpt

tribal cultural practices;

Section 9-9-402(15)(a)Verify source

§ 9-9-402(15)(b)Subsection 9-9-402(15)(b)Provision

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tribal lands;

Section 9-9-402(15)(b)Verify source

§ 9-9-402(15)(c)Subsection 9-9-402(15)(c)Provision

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tribal resources;

Section 9-9-402(15)(c)Verify source

§ 9-9-402(15)(d)Subsection 9-9-402(15)(d)Provision

Source excerpt

access to traditional areas of tribal cultural or religious importance; or

Section 9-9-402(15)(d)Verify source

§ 9-9-402(15)(e)Subsection 9-9-402(15)(e)Provision

Source excerpt

the consideration of the state's responsibilities to Indian tribes.

Section 9-9-402(15)(e)Verify source

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Utah Code § 9-9-402

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