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 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.”
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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.
it can be shown by a preponderance of the evidence that that different tribe has a stronger genetic or cultural relationship with the Native American remains; and
The division must determine ownership of Native American remains under this subsection when there are multiple ownership claims and it cannot clearly identify the most appropriate claimant.
The state agency with primary authority over state land must keep temporary custody of the remains until ownership and control of the ancient human remains are determined under this part.
Section 9-9-403(10)
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Showing 48 of 48 provisions
Provision 48
Part 9-9-4
part 9-9-4 Native American Grave Protection and Repatriation Act
§ 9-9-403Ownership and disposition of Native American remains.Provision
Source excerpt
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.
Ownership and disposition of Native American remains.
If Native American remains are discovered on nonfederal lands on or after April 30, 2007, the ownership or control of the Native American remains shall be determined in the following priority: first, in the lineal descendants of the Native American; second, if the lineal descendants cannot be ascertained, in the Indian tribe that: has the closest cultural affiliation with the Native American remains; and states a claim for the Native American remains; or third: in the Indian tribe that is recognized as aboriginally occupying the area in which the Native American remains are discovered, if: cultural affiliation of the Native American remains cannot be reasonably ascertained; the land is recognized either by a final judgment of the Indian Claims Commission or through other evidence as the exclusive or joint aboriginal land of some Indian tribe; and that tribe states a claim for the Native American remains; or in a different tribe if: it can be shown by a preponderance of the evidence that that different tribe has a stronger genetic or cultural relationship with the Native American remains; and that different tribe states a claim for the Native American remains. Subject to Subsection (7) , Native American remains discovered on nonfederal lands that are not claimed under Subsection (1) shall be cared for in accordance with rules made by the division: consistent with Chapter 8a, Part 3, Antiquities ; and in consultation with Native American groups, representatives of repositories, and the review committee established under Section 9-9-405 . The intentional removal or excavation of Native American remains from state lands may be permitted only if: the Native American remains are excavated or removed pursuant to a permit issued under Section 9-8a-305 ; the Native American remains are excavated or removed after consultation with and written consent of the owner of the state land; and the ownership or right of control of the disposition of the Native American remains is determined as provided in Subsections (1) and (2) . A person who knows or has reason to know that the person has discovered Native American remains on state lands after March 17, 1992, shall notify, in writing, the appropriate state agency having primary management authority over the lands as provided in Chapter 8a, Part 3, Antiquities . If the discovery occurs in connection with construction, mining, logging, agriculture, or a related activity, the person shall: cease the activity in the area of the discovery; make a reasonable effort to protect the Native American remains discovered before resuming the activity; and provide notice of discovery to the appropriate state agency under Subsection (4)(a) . Following notification under Subsections (4)(a) and (b) and upon certification by the head of the appropriate state agency that notification is received, the activity may resume after compliance with Sections 76-5-802 and 76-5-803 . Scientific study of Native American remains may be carried out only with approval of the owner of the Native American remains as established in Subsections (1) and (2) . If ownership is unknown, study before identifying ownership is restricted to those sufficient to identify ownership. Study to identify ownership shall be approved only in accordance with rules made by the division in consultation with the review committee. The Native American remains may not be retained longer than 90 days after the date of establishing ownership. Ownership of Native American remains shall be determined in accordance with this Subsection (6) if: there are multiple claims of ownership under Subsection (1) of Native American remains; and the division cannot clearly determine which claimant is the most appropriate claimant. If the conditions of Subsection (6)(a) are met, the appropriate state agency having primary authority over the lands as provided in Chapter 8a, Part 3, Antiquities , may retain the remains until: the multiple claimants for the Native American remains enter into an agreement concerning the disposition of the Native American remains; the dispute is resolved through an administrative process: established by rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act ; and that is exempt from Title 63G, Chapter 4, Administrative Procedures Act ; or after the administrative process described in Subsection (6)(b)(ii) is complete, the dispute is resolved by a court of competent jurisdiction. The division may not make rules that impose any requirement on a person who discovers Native American remains or owns or controls nonfederal land that is not state land on which Native American remains are discovered that is not expressly provided for in Section 9-8a-309 . For purposes of this part, if Native American remains are discovered on nonfederal land that is not state land, the Antiquities Section is considered the state agency having primary authority over the nonfederal land. This part does not modify any property rights of a person that owns or controls nonfederal land except as to the ownership of Native American remains. The state agency with primary authority over state land shall retain temporary custody of the remains until the ownership and control of the ancient human remains is determined in accordance with this part.
If Native American remains are discovered on nonfederal lands on or after April 30, 2007, the ownership or control of the Native American remains shall be determined in the following priority: first, in the lineal descendants of the Native
If Native American remains are discovered on nonfederal lands on or after April 30, 2007, the ownership or control of the Native American remains shall be determined in the following priority: first, in the lineal descendants of the Native American; second, if the lineal descendants cannot be ascertained, in the Indian tribe that: has the closest cultural affiliation with the Native American remains; and states a claim for the Native American remains; or third: in the Indian tribe that is recognized as aboriginally occupying the area in which the Native American remains are discovered, if: cultural affiliation of the Native American remains cannot be reasonably ascertained; the land is recognized either by a final judgment of the Indian Claims Commission or through other evidence as the exclusive or joint aboriginal land of some Indian tribe; and that tribe states a claim for the Native American remains; or in a different tribe if: it can be shown by a preponderance of the evidence that that different tribe has a stronger genetic or cultural relationship with the Native American remains; and that different tribe states a claim for the Native American remains.
second, if the lineal descendants cannot be ascertained, in the Indian tribe that: has the closest cultural affiliation with the Native American remains; and states a claim for the Native American remains; or
second, if the lineal descendants cannot be ascertained, in the Indian tribe that: has the closest cultural affiliation with the Native American remains; and states a claim for the Native American remains; or
third: in the Indian tribe that is recognized as aboriginally occupying the area in which the Native American remains are discovered, if: cultural affiliation of the Native American remains cannot be reasonably ascertained; the land is
third: in the Indian tribe that is recognized as aboriginally occupying the area in which the Native American remains are discovered, if: cultural affiliation of the Native American remains cannot be reasonably ascertained; the land is recognized either by a final judgment of the Indian Claims Commission or through other evidence as the exclusive or joint aboriginal land of some Indian tribe; and that tribe states a claim for the Native American remains; or in a different tribe if: it can be shown by a preponderance of the evidence that that different tribe has a stronger genetic or cultural relationship with the Native American remains; and that different tribe states a claim for the Native American remains.
in the Indian tribe that is recognized as aboriginally occupying the area in which the Native American remains are discovered, if: cultural affiliation of the Native American remains cannot be reasonably ascertained; the land is recognized
in the Indian tribe that is recognized as aboriginally occupying the area in which the Native American remains are discovered, if: cultural affiliation of the Native American remains cannot be reasonably ascertained; the land is recognized either by a final judgment of the Indian Claims Commission or through other evidence as the exclusive or joint aboriginal land of some Indian tribe; and that tribe states a claim for the Native American remains; or
the land is recognized either by a final judgment of the Indian Claims Commission or through other evidence as the exclusive or joint aboriginal land of some Indian tribe; and
the land is recognized either by a final judgment of the Indian Claims Commission or through other evidence as the exclusive or joint aboriginal land of some Indian tribe; and
in a different tribe if: it can be shown by a preponderance of the evidence that that different tribe has a stronger genetic or cultural relationship with the Native American remains; and that different tribe states a claim for the Native
in a different tribe if: it can be shown by a preponderance of the evidence that that different tribe has a stronger genetic or cultural relationship with the Native American remains; and that different tribe states a claim for the Native American remains.
it can be shown by a preponderance of the evidence that that different tribe has a stronger genetic or cultural relationship with the Native American remains; and
it can be shown by a preponderance of the evidence that that different tribe has a stronger genetic or cultural relationship with the Native American remains; and
Native American remains found on qualifying nonfederal lands must be cared for under rules made by the division.
Subject to Subsection (7) , Native American remains discovered on nonfederal lands that are not claimed under Subsection (1) shall be cared for in accordance with rules made by the division: consistent with Chapter 8a, Part 3, Antiquities ; and in consultation with Native American groups, representatives of repositories, and the review committee established under Section 9-9-405 .
The intentional removal or excavation of Native American remains from state lands may be permitted only if: the Native American remains are excavated or removed pursuant to a permit issued under Section 9-8a-305 ; the Native American
The intentional removal or excavation of Native American remains from state lands may be permitted only if: the Native American remains are excavated or removed pursuant to a permit issued under Section 9-8a-305 ; the Native American remains are excavated or removed after consultation with and written consent of the owner of the state land; and the ownership or right of control of the disposition of the Native American remains is determined as provided in Subsections (1) and (2) .
A person who discovers Native American remains on state lands after March 17, 1992 must give written notice to the appropriate state agency, and if the discovery is tied to construction, mining, logging, agriculture, or related activity, must stop work in the area, try reasonably to protect the remains, and give notice before resuming.
A person who knows or has reason to know that the person has discovered Native American remains on state lands after March 17, 1992, shall notify, in writing, the appropriate state agency having primary management authority over the lands as provided in Chapter 8a, Part 3, Antiquities . If the discovery occurs in connection with construction, mining, logging, agriculture, or a related activity, the person shall: cease the activity in the area of the discovery; make a reasonable effort to protect the Native American remains discovered before resuming the activity; and provide notice of discovery to the appropriate state agency under Subsection (4)(a) . Following notification under Subsections (4)(a) and (b) and upon certification by the head of the appropriate state agency that notification is received, the activity may resume after compliance with Sections 76-5-802 and 76-5-803 .
A person who knows or has reason to know they discovered Native American remains on state lands after March 17, 1992 must give written notice to the appropriate state agency with primary management authority.
A person who knows or has reason to know that the person has discovered Native American remains on state lands after March 17, 1992, shall notify, in writing, the appropriate state agency having primary management authority over the lands as provided in Chapter 8a, Part 3, Antiquities .
If a discovery occurs during construction, mining, logging, agriculture, or a related activity, the person must stop work in the area, make a reasonable effort to protect the Native American remains, and notify the appropriate state agency.
If the discovery occurs in connection with construction, mining, logging, agriculture, or a related activity, the person shall: cease the activity in the area of the discovery; make a reasonable effort to protect the Native American remains discovered before resuming the activity; and provide notice of discovery to the appropriate state agency under Subsection (4)(a) .
Following notification under Subsections (4)(a) and (b) and upon certification by the head of the appropriate state agency that notification is received, the activity may resume after compliance with Sections 76-5-802 and 76-5-803 .
Following notification under Subsections (4)(a) and (b) and upon certification by the head of the appropriate state agency that notification is received, the activity may resume after compliance with Sections 76-5-802 and 76-5-803 .
Scientific study of Native American remains needs owner approval, with a limited exception when ownership is unknown, and the remains may not be kept more than 90 days after ownership is established.
Scientific study of Native American remains may be carried out only with approval of the owner of the Native American remains as established in Subsections (1) and (2) . If ownership is unknown, study before identifying ownership is restricted to those sufficient to identify ownership. Study to identify ownership shall be approved only in accordance with rules made by the division in consultation with the review committee. The Native American remains may not be retained longer than 90 days after the date of establishing ownership.
Scientific study of Native American remains may be carried out only with the owner’s approval, as referenced in Subsections (1) and (2).
Scientific study of Native American remains may be carried out only with approval of the owner of the Native American remains as established in Subsections (1) and (2) .
If ownership is unknown, study before identifying ownership is restricted to those sufficient to identify ownership. Study to identify ownership shall be approved only in accordance with rules made by the division in consultation with the
If ownership is unknown, study before identifying ownership is restricted to those sufficient to identify ownership. Study to identify ownership shall be approved only in accordance with rules made by the division in consultation with the review committee.
If there are multiple ownership claims over Native American remains and the division cannot identify the most appropriate claimant, the appropriate state agency may keep the remains temporarily.
Ownership of Native American remains shall be determined in accordance with this Subsection (6) if: there are multiple claims of ownership under Subsection (1) of Native American remains; and the division cannot clearly determine which claimant is the most appropriate claimant. If the conditions of Subsection (6)(a) are met, the appropriate state agency having primary authority over the lands as provided in Chapter 8a, Part 3, Antiquities , may retain the remains until: the multiple claimants for the Native American remains enter into an agreement concerning the disposition of the Native American remains; the dispute is resolved through an administrative process: established by rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act ; and that is exempt from Title 63G, Chapter 4, Administrative Procedures Act ; or after the administrative process described in Subsection (6)(b)(ii) is complete, the dispute is resolved by a court of competent jurisdiction.
The division must determine ownership of Native American remains under this subsection when there are multiple ownership claims and it cannot clearly identify the most appropriate claimant.
Ownership of Native American remains shall be determined in accordance with this Subsection (6) if: there are multiple claims of ownership under Subsection (1) of Native American remains; and the division cannot clearly determine which claimant is the most appropriate claimant.
If subsection (6)(a) is satisfied, the appropriate state agency may retain the remains until one of the listed dispute-resolution events occurs.
If the conditions of Subsection (6)(a) are met, the appropriate state agency having primary authority over the lands as provided in Chapter 8a, Part 3, Antiquities , may retain the remains until: the multiple claimants for the Native American remains enter into an agreement concerning the disposition of the Native American remains; the dispute is resolved through an administrative process: established by rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act ; and that is exempt from Title 63G, Chapter 4, Administrative Procedures Act ; or after the administrative process described in Subsection (6)(b)(ii) is complete, the dispute is resolved by a court of competent jurisdiction.
the dispute is resolved through an administrative process: established by rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act ; and that is exempt from Title 63G, Chapter 4, Administrative
the dispute is resolved through an administrative process: established by rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act ; and that is exempt from Title 63G, Chapter 4, Administrative Procedures Act ; or
The division may not make rules imposing extra requirements on people who discover Native American remains or who own or control certain nonfederal, non-state land, except as expressly provided in Section 9-8a-309.
The division may not make rules that impose any requirement on a person who discovers Native American remains or owns or controls nonfederal land that is not state land on which Native American remains are discovered that is not expressly provided for in Section 9-8a-309 .
If Native American remains are discovered on nonstate nonfederal land, the Antiquities Section is treated as the state agency with primary authority over that land.
For purposes of this part, if Native American remains are discovered on nonfederal land that is not state land, the Antiquities Section is considered the state agency having primary authority over the nonfederal land.
The state agency with primary authority over state land must keep temporary custody of the remains until ownership and control of the ancient human remains are determined under this part.
The state agency with primary authority over state land shall retain temporary custody of the remains until the ownership and control of the ancient human remains is determined in accordance with this part.
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