9-9-112. Bears Ears Visitor Center Advisory Committee.
| (1) |
Utah extends an invitation to the Navajo Nation, the Ute Mountain Ute Tribe, the Hopi Nation, the Zuni Tribe, and the Ute Indian Tribe of the Uintah Ouray to form an advisory committee for the purpose of exploring the feasibility, location, functions, and other important matters surrounding the creation of a visitor center at Bears Ears. |
Terms Used In Utah Code 9-9-112
- Contract: A legal written agreement that becomes binding when signed.
- division: means the Utah Division of Indian Affairs created in Section 9-9-102. See Utah Code 9-9-101
- Land: includes :Utah Code 68-3-12.5
- Quorum: The number of legislators that must be present to do business.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- 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. See Utah Code 9-9-101
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (2) |
As used in this section:
| (a) |
“Advisory committee” means the Bears Ears Visitor Center Advisory Committee created by this section. |
| (b) |
“Bears Ears” means the Bears Ears National Monument. |
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| (3) |
| (a) |
Subject to Subsection (3)(b), there is created the Bears Ears Visitor Center Advisory Committee consisting of the following eight members:
| (i) |
five voting members as follows:
| (A) |
a representative of the Navajo Nation, appointed by the Navajo Nation; |
| (B) |
a representative of the Ute Mountain Ute Tribe, appointed by the Ute Mountain Ute Tribe; |
| (C) |
a representative of the Hopi Nation, appointed by the Hopi Nation; |
| (D) |
a representative of the Zuni Tribe, appointed by the Zuni Tribe; and |
| (E) |
a representative of the Ute Indian Tribe of the Uintah Ouray, appointed by the Ute Indian Tribe of the Uintah Ouray; and |
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| (ii) |
subject to Subsection (4), three nonvoting members as follows:
| (A) |
one member of the Senate, appointed by the president of the Senate; and |
| (B) |
two members of the House of Representatives, appointed by the speaker of the House of Representatives. |
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| (b) |
The advisory committee is formed when all of the tribes described in Subsection (1) have communicated to the other tribes and to the Division of Indian Affairs that the tribe has appointed a member to the advisory committee. |
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| (4) |
At least one of the three legislative members appointed under Subsection (3)(a)(ii) shall be from a minority party. |
| (5) |
The advisory committee may select from the advisory committee members the chair or other officers of the advisory committee. |
| (6) |
| (a) |
If a vacancy occurs in the membership of the advisory committee appointed under Subsection (3), the member shall be replaced in the same manner in which the original appointment was made. |
| (b) |
A member appointed under Subsection (3) serves until the member’s successor is appointed and qualified. |
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| (7) |
| (a) |
A majority of the voting members of the advisory committee constitutes a quorum. |
| (b) |
The action of a majority of a quorum constitutes an action of the advisory committee. |
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| (8) |
| (a) |
The salary and expenses of an advisory committee member who is a legislator shall be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses. |
| (b) |
An advisory committee member who is not a legislator may not receive compensation or benefits for the member’s service on the advisory committee, but may receive per diem and reimbursement for travel expenses incurred as an advisory committee member at the rates established by the Division of Finance under:
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| (9) |
The advisory committee may invite the United States Forest Service, the Bureau of Land Management, the Division of State Parks, the Division of Outdoor Recreation, and the Utah Office of Tourism within the Governor’s Office of Economic Opportunity, to serve as technical advisors to the advisory committee. |
| (10) |
The Division of Indian Affairs shall staff the advisory committee. |
| (11) |
The advisory committee shall study and make recommendations concerning:
| (a) |
the need for a visitor center associated with Bears Ears; |
| (b) |
the feasibility of a visitor center associated with Bears Ears, including investigating:
| (i) |
potential locations for the visitor center; |
| (ii) |
purposes for the visitor center; and |
| (iii) |
sources of funding to build and maintain the visitor center; |
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| (c) |
whether a visitor center will increase visitorship to Bears Ears; and |
| (d) |
whether a visitor center at Bears Ears could function as a repository of traditional knowledge and practices. |
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| (12) |
The advisory committee may contract with one or more consultants to conduct work related to the issues raised in Subsection (11) if the Legislature appropriates money expressly for the purpose of the advisory committee contracting with a consultant. |
| (13) |
The advisory committee shall hold at least one public hearing to obtain public comment on the creation of a Bears Ears visitor center. |
| (14) |
The advisory committee shall report the advisory committee’s recommendations to one or more of the following:
| (a) |
the Economic Development and Workforce Services Interim Committee; |
| (b) |
the House Economic Development and Workforce Services Committee; or |
| (c) |
the Senate Economic Development and Workforce Services Committee. |
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Amended by Chapter 68, 2022 General Session
