United States — Utah Act or statute

United States — Utah legislation

Utah Code § 9-9-407

Source excerpt

appropriationsfund transfersgrant expendituresgrantslodgingmeeting expensesper diempublic financepublic fundsreburial costsrestricted accountrestricted accountstrainingtravel coststribal consultationtribal consultation funding

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

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“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”

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Native American Repatriation Restricted Account.

Section 9-9-407

Subsection 9-9-407(3)(a)(i)

use of equipment;

Section 9-9-407(3)(a)(i)

Subsection 9-9-407(3)(b)(i)

consultation time, drafting reports, taking detailed notes, communicating to the stakeholders, facilitating discussions, and traveling to individual tribal locations;

Section 9-9-407(3)(b)(i)

Subsection 9-9-407(3)(c)(i)

lodging and transportation of employees of the department or a partner agency; or

Section 9-9-407(3)(c)(i)

Subsection 9-9-407(6)(b)

A party must enter into an agreement with the Indian Tribe so grant money is spent in line with Subsection (3).

Section 9-9-407(6)(b)

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Showing 27 of 27 provisions

Provision 27

Part 9-9-4

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

§ 9-9-407Native American Repatriation Restricted Account.Provision

Source excerpt

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, consultation, meeting, and training costs, and sets conditions for issuing grants.

Native American Repatriation Restricted Account. There is created a restricted account within the General Fund known as the "Native American Repatriation Restricted Account." The Native American Repatriation Restricted Account shall consist of appropriations from the Legislature. All interest earned on Native American Repatriation Restricted Account money shall be deposited into the Native American Repatriation Restricted Account. Subject to appropriation from the Legislature, the division may use the money in the Native American Repatriation Restricted Account as follows: for a grant issued in accordance with Subsection (6) to an Indian Tribe to pay the following costs of reburial of Native American remains: use of equipment; labor for use of the equipment; reseeding and vegetation efforts; compliance with Section 9-8a-404 ; and caskets; for tribal consultation, including: consultation time, drafting reports, taking detailed notes, communicating to the stakeholders, facilitating discussions, and traveling to individual tribal locations; travel costs, including per diem and lodging costs, for: Utah tribal leaders and tribal cultural resource managers; and regional partner tribes; meeting facilities for the division to host tribal consultations when the division determines that a state facility does not meet tribal consultation needs; and costs for holding meetings under Subsection (3)(b)(iii) ; and for training tribal representatives, councils, and staff of a partner agency with repatriation responsibilities in the processes under Section 9-8a-404 and rules made by the State Historic Preservation Office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , including costs for: lodging and transportation of employees of the department or a partner agency; or travel grants issued in accordance with Subsection (6) for tribal representatives. If the balance in the Native American Repatriation Restricted Account exceeds $100,000 at the close of any fiscal year, the excess shall be transferred into the General Fund. In accordance with Section 63J-1-602.1 , appropriations from the account are nonlapsing. To issue a grant under this section, the division shall: require that an Indian Tribe request the grant in writing and specify how the grant money will be expended; and enter into an agreement with the Indian Tribe to ensure that the grant money is expended in accordance with Subsection (3) .

Section 9-9-407Verify source

§ 9-9-407(1)Subsection 9-9-407(1)Provision

Source excerpt

There is created a restricted account within the General Fund known as the "Native American Repatriation Restricted Account."

Section 9-9-407(1)Verify source

§ 9-9-407(2)Subsection 9-9-407(2)Provision

Source excerpt

The Native American Repatriation Restricted Account shall consist of appropriations from the Legislature. All interest earned on Native American Repatriation Restricted Account money shall be deposited into the Native American Repatriation

Section 9-9-407(2)Verify source

§ 9-9-407(2)(a)Subsection 9-9-407(2)(a)Provision

Source excerpt

The Native American Repatriation Restricted Account shall consist of appropriations from the Legislature.

Section 9-9-407(2)(a)Verify source

§ 9-9-407(2)(b)Subsection 9-9-407(2)(b)Provision

Source excerpt

All interest earned on Native American Repatriation Restricted Account money shall be deposited into the Native American Repatriation Restricted Account.

Section 9-9-407(2)(b)Verify source

§ 9-9-407(3)Subsection 9-9-407(3)Provision

Source excerpt

The division may use money in the Native American Repatriation Restricted Account, if the Legislature appropriates it.

Subject to appropriation from the Legislature, the division may use the money in the Native American Repatriation Restricted Account as follows: for a grant issued in accordance with Subsection (6) to an Indian Tribe to pay the following costs of reburial of Native American remains: use of equipment; labor for use of the equipment; reseeding and vegetation efforts; compliance with Section 9-8a-404 ; and caskets; for tribal consultation, including: consultation time, drafting reports, taking detailed notes, communicating to the stakeholders, facilitating discussions, and traveling to individual tribal locations; travel costs, including per diem and lodging costs, for: Utah tribal leaders and tribal cultural resource managers; and regional partner tribes; meeting facilities for the division to host tribal consultations when the division determines that a state facility does not meet tribal consultation needs; and costs for holding meetings under Subsection (3)(b)(iii) ; and for training tribal representatives, councils, and staff of a partner agency with repatriation responsibilities in the processes under Section 9-8a-404 and rules made by the State Historic Preservation Office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , including costs for: lodging and transportation of employees of the department or a partner agency; or travel grants issued in accordance with Subsection (6) for tribal representatives.

Section 9-9-407(3)Verify source

§ 9-9-407(3)(a)Subsection 9-9-407(3)(a)Provision

Source excerpt

for a grant issued in accordance with Subsection (6) to an Indian Tribe to pay the following costs of reburial of Native American remains: use of equipment; labor for use of the equipment; reseeding and vegetation efforts; compliance with

Section 9-9-407(3)(a)Verify source

§ 9-9-407(3)(a)(i)Subsection 9-9-407(3)(a)(i)Provision

Source excerpt

use of equipment;

Section 9-9-407(3)(a)(i)Verify source

§ 9-9-407(3)(a)(ii)Subsection 9-9-407(3)(a)(ii)Provision

Source excerpt

labor for use of the equipment;

Section 9-9-407(3)(a)(ii)Verify source

§ 9-9-407(3)(a)(iii)Subsection 9-9-407(3)(a)(iii)Provision

Source excerpt

reseeding and vegetation efforts;

Section 9-9-407(3)(a)(iii)Verify source

§ 9-9-407(3)(a)(iv)Subsection 9-9-407(3)(a)(iv)Provision

Source excerpt

compliance with Section 9-8a-404 ; and

Section 9-9-407(3)(a)(iv)Verify source

§ 9-9-407(3)(a)(v)Subsection 9-9-407(3)(a)(v)Provision

Source excerpt

caskets;

Section 9-9-407(3)(a)(v)Verify source

§ 9-9-407(3)(b)Subsection 9-9-407(3)(b)Provision

Source excerpt

for tribal consultation, including: consultation time, drafting reports, taking detailed notes, communicating to the stakeholders, facilitating discussions, and traveling to individual tribal locations; travel costs, including per diem and lodging costs, for: Utah tribal leaders and tribal cultural resource managers; and regional partner tribes; meeting facilities for the division to host tribal consultations when the division determines that a state facility does not meet tribal consultation needs; and costs for holding meetings under Subsection (3)(b)(iii) ; and

Section 9-9-407(3)(b)Verify source

§ 9-9-407(3)(b)(i)Subsection 9-9-407(3)(b)(i)Provision

Source excerpt

consultation time, drafting reports, taking detailed notes, communicating to the stakeholders, facilitating discussions, and traveling to individual tribal locations;

Section 9-9-407(3)(b)(i)Verify source

§ 9-9-407(3)(b)(ii)Subsection 9-9-407(3)(b)(ii)Provision

Source excerpt

travel costs, including per diem and lodging costs, for: Utah tribal leaders and tribal cultural resource managers; and regional partner tribes;

Section 9-9-407(3)(b)(ii)Verify source

§ 9-9-407(3)(b)(ii)(A)Subsection 9-9-407(3)(b)(ii)(A)Provision

Source excerpt

Utah tribal leaders and tribal cultural resource managers; and

Section 9-9-407(3)(b)(ii)(A)Verify source

§ 9-9-407(3)(b)(ii)(B)Subsection 9-9-407(3)(b)(ii)(B)Provision

Source excerpt

regional partner tribes;

Section 9-9-407(3)(b)(ii)(B)Verify source

§ 9-9-407(3)(b)(iii)Subsection 9-9-407(3)(b)(iii)Provision

Source excerpt

meeting facilities for the division to host tribal consultations when the division determines that a state facility does not meet tribal consultation needs; and

Section 9-9-407(3)(b)(iii)Verify source

§ 9-9-407(3)(b)(iv)Subsection 9-9-407(3)(b)(iv)Provision

Source excerpt

costs for holding meetings under Subsection (3)(b)(iii) ; and

Section 9-9-407(3)(b)(iv)Verify source

§ 9-9-407(3)(c)Subsection 9-9-407(3)(c)Provision

Source excerpt

for training tribal representatives, councils, and staff of a partner agency with repatriation responsibilities in the processes under Section 9-8a-404 and rules made by the State Historic Preservation Office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , including costs for: lodging and transportation of employees of the department or a partner agency; or travel grants issued in accordance with Subsection (6) for tribal representatives.

Section 9-9-407(3)(c)Verify source

§ 9-9-407(3)(c)(i)Subsection 9-9-407(3)(c)(i)Provision

Source excerpt

lodging and transportation of employees of the department or a partner agency; or

Section 9-9-407(3)(c)(i)Verify source

§ 9-9-407(3)(c)(ii)Subsection 9-9-407(3)(c)(ii)Provision

Source excerpt

travel grants issued in accordance with Subsection (6) for tribal representatives.

Section 9-9-407(3)(c)(ii)Verify source

§ 9-9-407(4)Subsection 9-9-407(4)Provision

Source excerpt

If the account balance is over $100,000 at fiscal year-end, the excess must be transferred to the General Fund.

If the balance in the Native American Repatriation Restricted Account exceeds $100,000 at the close of any fiscal year, the excess shall be transferred into the General Fund.

Section 9-9-407(4)Verify source

§ 9-9-407(5)Subsection 9-9-407(5)Provision

Source excerpt

In accordance with Section 63J-1-602.1 , appropriations from the account are nonlapsing.

Section 9-9-407(5)Verify source

§ 9-9-407(6)Subsection 9-9-407(6)Provision

Source excerpt

To issue a grant under this section, the division must require a written request from an Indian Tribe and a description of how the grant money will be spent, and must enter into an agreement with the Tribe to ensure the money is spent under Subsection (3).

To issue a grant under this section, the division shall: require that an Indian Tribe request the grant in writing and specify how the grant money will be expended; and enter into an agreement with the Indian Tribe to ensure that the grant money is expended in accordance with Subsection (3) .

Section 9-9-407(6)Verify source

§ 9-9-407(6)(a)Subsection 9-9-407(6)(a)Provision

Source excerpt

An Indian Tribe must request the grant in writing and specify how the grant money will be spent.

require that an Indian Tribe request the grant in writing and specify how the grant money will be expended; and

Section 9-9-407(6)(a)Verify source

§ 9-9-407(6)(b)Subsection 9-9-407(6)(b)Provision

Source excerpt

A party must enter into an agreement with the Indian Tribe so grant money is spent in line with Subsection (3).

enter into an agreement with the Indian Tribe to ensure that the grant money is expended in accordance with Subsection (3) .

Section 9-9-407(6)(b)Verify source

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Utah Code § 9-9-407

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