United States — Utah Act or statute

United States — Utah legislation

Utah Code § 9-9-405

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.

Source excerpt

accountingcommittee governancepublic reportingrepatriationrepatriation account oversightreporting

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

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“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.”

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Review committee.

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.

Section 9-9-405

Subsection 9-9-405(2)(c)(ii)

Removal of a member who represents an Indian Tribal Nation requires the joint decision of the director and the Indian Tribal Nation.

Section 9-9-405(2)(c)(ii)

Subsection 9-9-405(3)

The review committee must monitor the identification process, review certain findings, help resolve disputes over Native American remains, consult with Indian Tribal Nations and the division, perform assigned related functions, and make recommendations when…

Section 9-9-405(3)

Subsection 9-9-405(3)(f)

perform other related functions as the division may assign to the review committee; and

Section 9-9-405(3)(f)

Subsection 9-9-405(7)(b)

a review of the expenditures made from the Native American Repatriation Restricted Account.

Section 9-9-405(7)(b)

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Showing 36 of 36 provisions

Provision 36

Part 9-9-4

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

§ 9-9-405Review committee.Provision

Source excerpt

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.

Review committee. There is created a Native American Remains Review Committee. The review committee shall be composed of seven members as follows: four Tribal members shall be appointed by the director from nominations submitted by the elected officials of Indian Tribal Nations described in Subsection 9-9-104.5(2)(b) ; and three shall be appointed by the director from nominations submitted by representatives of Utah's repositories. A member appointed under Subsection (2)(a)(i) shall have familiarity and experience with this part. A member appointed under Subsection (2)(a)(i) serves at the will of the director, and if the member represents an Indian Tribal Nation, at the will of that Indian Tribal Nation. Removal of a member who represents an Indian Tribal Nation requires the joint decision of the director and the Indian Tribal Nation. A member appointed under Subsection (2)(a)(ii) serves at the will of the director, and if the member represents a repository, at the will of the State Historic Preservation Office. Removal of a member who represents a repository requires the joint decision of the director and the State Historic Preservation Office. When a vacancy occurs in the membership for any reason, the director shall appoint a replacement in the same manner as the original appointment under Subsection (2)(a) . A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: Section 63A-3-106 ; Section 63A-3-107 ; and rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107 . The review committee shall designate one of its members as chair. The review committee shall: monitor the identification process conducted under Section 9-9-403 to ensure a fair and objective consideration and assessment of all available relevant information and evidence; review a finding relating to the following, subject to the rules made by the division under Subsection 9-9-403(6) : the identity or cultural affiliation of Native American remains; or the return of Native American remains; facilitate the resolution of a dispute among Indian Tribal Nations or lineal descendants and state agencies relating to the return of Native American remains, including convening the parties to the dispute if considered desirable; consult with Indian Tribal Nations on matters within the scope of the work of the review committee affecting these Indian Tribal Nations; consult with the division in the development of rules to carry out this part; perform other related functions as the division may assign to the review committee; and make recommendations, if appropriate, regarding care of Native American remains that are to be repatriated. A record or finding made by the review committee relating to the identity of or cultural affiliation of Native American remains and the return of Native American remains may be admissible in any action brought under this part. The appropriate state agency having primary authority over the lands as provided in Chapter 8a, Part 3, Antiquities , shall ensure that the review committee has reasonable access to: Native American remains under review; and associated scientific and historical documents. The division shall provide reasonable administrative and staff support necessary for the deliberations of the review committee. The department shall include in the annual written report described in Section 9-1-208 : a description of the progress made, and any barriers encountered, by the review committee in implementing this section during the previous year; and a review of the expenditures made from the Native American Repatriation Restricted Account.

Section 9-9-405Verify source

§ 9-9-405(1)Subsection 9-9-405(1)Provision

Source excerpt

There is created a Native American Remains Review Committee.

Section 9-9-405(1)Verify source

§ 9-9-405(2)Subsection 9-9-405(2)Provision

Source excerpt

The review committee must have seven members, appointed by the director from specified nominations, and the committee must name one member as chair. Members generally serve at the director’s will, some also at the will of the relevant Tribal Nation or the State Historic Preservation Office.

The review committee shall be composed of seven members as follows: four Tribal members shall be appointed by the director from nominations submitted by the elected officials of Indian Tribal Nations described in Subsection 9-9-104.5(2)(b) ; and three shall be appointed by the director from nominations submitted by representatives of Utah's repositories. A member appointed under Subsection (2)(a)(i) shall have familiarity and experience with this part. A member appointed under Subsection (2)(a)(i) serves at the will of the director, and if the member represents an Indian Tribal Nation, at the will of that Indian Tribal Nation. Removal of a member who represents an Indian Tribal Nation requires the joint decision of the director and the Indian Tribal Nation. A member appointed under Subsection (2)(a)(ii) serves at the will of the director, and if the member represents a repository, at the will of the State Historic Preservation Office. Removal of a member who represents a repository requires the joint decision of the director and the State Historic Preservation Office. When a vacancy occurs in the membership for any reason, the director shall appoint a replacement in the same manner as the original appointment under Subsection (2)(a) . A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: Section 63A-3-106 ; Section 63A-3-107 ; and rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107 . The review committee shall designate one of its members as chair.

Section 9-9-405(2)Verify source

§ 9-9-405(2)(a)Subsection 9-9-405(2)(a)Provision

Source excerpt

The director must appoint seven review committee members: four Tribal members from specified nominations and three members from nominations by Utah repository representatives.

Section 9-9-405(2)(a)Verify source

§ 9-9-405(2)(a)(i)Subsection 9-9-405(2)(a)(i)Provision

Source excerpt

The director must appoint four Tribal members from nominations submitted by the elected officials of the Indian Tribal Nations described in Subsection 9-9-104.5(2)(b).

four Tribal members shall be appointed by the director from nominations submitted by the elected officials of Indian Tribal Nations described in Subsection 9-9-104.5(2)(b) ; and

Section 9-9-405(2)(a)(i)Verify source

§ 9-9-405(2)(a)(ii)Subsection 9-9-405(2)(a)(ii)Provision

Source excerpt

three shall be appointed by the director from nominations submitted by representatives of Utah's repositories.

Section 9-9-405(2)(a)(ii)Verify source

§ 9-9-405(2)(b)Subsection 9-9-405(2)(b)Provision

Source excerpt

A member appointed under Subsection (2)(a)(i) must have familiarity and experience with this part.

A member appointed under Subsection (2)(a)(i) shall have familiarity and experience with this part.

Section 9-9-405(2)(b)Verify source

§ 9-9-405(2)(c)Subsection 9-9-405(2)(c)Provision

Source excerpt

Certain appointed members serve at the will of the director; some also serve at the will of the represented Indian Tribal Nation or the State Historic Preservation Office.

A member appointed under Subsection (2)(a)(i) serves at the will of the director, and if the member represents an Indian Tribal Nation, at the will of that Indian Tribal Nation. Removal of a member who represents an Indian Tribal Nation requires the joint decision of the director and the Indian Tribal Nation. A member appointed under Subsection (2)(a)(ii) serves at the will of the director, and if the member represents a repository, at the will of the State Historic Preservation Office. Removal of a member who represents a repository requires the joint decision of the director and the State Historic Preservation Office.

Section 9-9-405(2)(c)Verify source

§ 9-9-405(2)(c)(i)Subsection 9-9-405(2)(c)(i)Provision

Source excerpt

A member appointed under Subsection (2)(a)(i) serves at the will of the director, and if the member represents an Indian Tribal Nation, at the will of that Indian Tribal Nation.

Section 9-9-405(2)(c)(i)Verify source

§ 9-9-405(2)(c)(ii)Subsection 9-9-405(2)(c)(ii)Provision

Source excerpt

Removal of a member who represents an Indian Tribal Nation requires the joint decision of the director and the Indian Tribal Nation.

Section 9-9-405(2)(c)(ii)Verify source

§ 9-9-405(2)(c)(iii)Subsection 9-9-405(2)(c)(iii)Provision

Source excerpt

A member appointed under Subsection (2)(a)(ii) serves at the director’s will, and if the member represents a repository, also at the will of the State Historic Preservation Office.

A member appointed under Subsection (2)(a)(ii) serves at the will of the director, and if the member represents a repository, at the will of the State Historic Preservation Office.

Section 9-9-405(2)(c)(iii)Verify source

§ 9-9-405(2)(c)(iv)Subsection 9-9-405(2)(c)(iv)Provision

Source excerpt

Removal of a member who represents a repository requires the joint decision of the director and the State Historic Preservation Office.

Section 9-9-405(2)(c)(iv)Verify source

§ 9-9-405(2)(d)Subsection 9-9-405(2)(d)Provision

Source excerpt

If a membership vacancy occurs for any reason, the director must appoint a replacement.

When a vacancy occurs in the membership for any reason, the director shall appoint a replacement in the same manner as the original appointment under Subsection (2)(a) .

Section 9-9-405(2)(d)Verify source

§ 9-9-405(2)(e)Subsection 9-9-405(2)(e)Provision

Source excerpt

A member may not receive compensation or benefits for service, but may receive per diem and travel expenses under the cited sections and Finance Division rules.

A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: Section 63A-3-106 ; Section 63A-3-107 ; and rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107 .

Section 9-9-405(2)(e)Verify source

§ 9-9-405(2)(e)(i)Subsection 9-9-405(2)(e)(i)Provision

Source excerpt

Section 63A-3-106 ;

Section 9-9-405(2)(e)(i)Verify source

§ 9-9-405(2)(e)(ii)Subsection 9-9-405(2)(e)(ii)Provision

Source excerpt

Section 63A-3-107 ; and

Section 9-9-405(2)(e)(ii)Verify source

§ 9-9-405(2)(e)(iii)Subsection 9-9-405(2)(e)(iii)Provision

Source excerpt

rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107 .

Section 9-9-405(2)(e)(iii)Verify source

§ 9-9-405(2)(f)Subsection 9-9-405(2)(f)Provision

Source excerpt

The review committee must designate one of its members as chair.

The review committee shall designate one of its members as chair.

Section 9-9-405(2)(f)Verify source

§ 9-9-405(3)Subsection 9-9-405(3)Provision

Source excerpt

The review committee shall: monitor the identification process conducted under Section 9-9-403 to ensure a fair and objective consideration and assessment of all available relevant information and evidence; review a finding relating to the following, subject to the rules made by the division under Subsection 9-9-403(6) : the identity or cultural affiliation of Native American remains; or the return of Native American remains; facilitate the resolution of a dispute among Indian Tribal Nations or lineal descendants and state agencies relating to the return of Native American remains, including convening the parties to the dispute if considered desirable; consult with Indian Tribal Nations on matters within the scope of the work of the review committee affecting these Indian Tribal Nations; consult with the division in the development of rules to carry out this part; perform other related functions as the division may assign to the review committee; and make recommendations, if appropriate, regarding care of Native American remains that are to be repatriated.

Section 9-9-405(3)Verify source

§ 9-9-405(3)(a)Subsection 9-9-405(3)(a)Provision

Source excerpt

Monitor the identification process under Section 9-9-403 so that consideration and assessment of relevant information and evidence are fair and objective.

monitor the identification process conducted under Section 9-9-403 to ensure a fair and objective consideration and assessment of all available relevant information and evidence;

Section 9-9-405(3)(a)Verify source

§ 9-9-405(3)(b)Subsection 9-9-405(3)(b)Provision

Source excerpt

review a finding relating to the following, subject to the rules made by the division under Subsection 9-9-403(6) : the identity or cultural affiliation of Native American remains; or the return of Native American remains;

Section 9-9-405(3)(b)Verify source

§ 9-9-405(3)(b)(i)Subsection 9-9-405(3)(b)(i)Provision

Source excerpt

the identity or cultural affiliation of Native American remains; or

Section 9-9-405(3)(b)(i)Verify source

§ 9-9-405(3)(b)(ii)Subsection 9-9-405(3)(b)(ii)Provision

Source excerpt

the return of Native American remains;

Section 9-9-405(3)(b)(ii)Verify source

§ 9-9-405(3)(c)Subsection 9-9-405(3)(c)Provision

Source excerpt

facilitate the resolution of a dispute among Indian Tribal Nations or lineal descendants and state agencies relating to the return of Native American remains, including convening the parties to the dispute if considered desirable;

Section 9-9-405(3)(c)Verify source

§ 9-9-405(3)(d)Subsection 9-9-405(3)(d)Provision

Source excerpt

consult with Indian Tribal Nations on matters within the scope of the work of the review committee affecting these Indian Tribal Nations;

Section 9-9-405(3)(d)Verify source

§ 9-9-405(3)(e)Subsection 9-9-405(3)(e)Provision

Source excerpt

The division must consult in developing rules to carry out this part.

consult with the division in the development of rules to carry out this part;

Section 9-9-405(3)(e)Verify source

§ 9-9-405(3)(f)Subsection 9-9-405(3)(f)Provision

Source excerpt

perform other related functions as the division may assign to the review committee; and

Section 9-9-405(3)(f)Verify source

§ 9-9-405(3)(g)Subsection 9-9-405(3)(g)Provision

Source excerpt

An office-holder is to make recommendations, if appropriate, about care of Native American remains to be repatriated.

make recommendations, if appropriate, regarding care of Native American remains that are to be repatriated.

Section 9-9-405(3)(g)Verify source

§ 9-9-405(4)Subsection 9-9-405(4)Provision

Source excerpt

A review committee record or finding about Native American remains may be admissible in an action under this part.

A record or finding made by the review committee relating to the identity of or cultural affiliation of Native American remains and the return of Native American remains may be admissible in any action brought under this part.

Section 9-9-405(4)Verify source

§ 9-9-405(5)Subsection 9-9-405(5)Provision

Source excerpt

The responsible state agency must ensure the review committee has reasonable access to certain Native American remains and related scientific and historical documents.

The appropriate state agency having primary authority over the lands as provided in Chapter 8a, Part 3, Antiquities , shall ensure that the review committee has reasonable access to: Native American remains under review; and associated scientific and historical documents.

Section 9-9-405(5)Verify source

§ 9-9-405(5)(a)Subsection 9-9-405(5)(a)Provision

Source excerpt

Native American remains under review; and

Section 9-9-405(5)(a)Verify source

§ 9-9-405(5)(b)Subsection 9-9-405(5)(b)Provision

Source excerpt

associated scientific and historical documents.

Section 9-9-405(5)(b)Verify source

§ 9-9-405(6)Subsection 9-9-405(6)Provision

Source excerpt

The division must provide reasonable administrative and staff support for the review committee’s deliberations.

The division shall provide reasonable administrative and staff support necessary for the deliberations of the review committee.

Section 9-9-405(6)Verify source

§ 9-9-405(7)Subsection 9-9-405(7)Provision

Source excerpt

The department must include specified information in its annual written report.

The department shall include in the annual written report described in Section 9-1-208 : a description of the progress made, and any barriers encountered, by the review committee in implementing this section during the previous year; and a review of the expenditures made from the Native American Repatriation Restricted Account.

Section 9-9-405(7)Verify source

§ 9-9-405(7)(a)Subsection 9-9-405(7)(a)Provision

Source excerpt

a description of the progress made, and any barriers encountered, by the review committee in implementing this section during the previous year; and

Section 9-9-405(7)(a)Verify source

§ 9-9-405(7)(b)Subsection 9-9-405(7)(b)Provision

Source excerpt

a review of the expenditures made from the Native American Repatriation Restricted Account.

Section 9-9-405(7)(b)Verify source

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Utah Code § 9-9-405

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