Superseded 7/1/2023)

Superseded 7/1/2023
9-9-405.  Review committee.

(1)  There is created a Native American Remains Review Committee.

Terms Used In Utah Code 9-9-405

  • 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. See Utah Code 9-9-402
  • Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102
  • Director: means the director of the Division of Indian Affairs. See Utah Code 9-9-402
  • Division: means the Division of Indian Affairs. See Utah Code 9-9-402
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Native American: means of or relating to a tribe, people, or culture that is indigenous to the United States. See Utah Code 9-9-402
  • Native American remains: means remains that are Native American. See Utah Code 9-9-402
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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. See Utah Code 9-9-402
  • Review committee: means the Native American Remains Review Committee created by Section 9-9-405. See Utah Code 9-9-402
  • 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
(2) 

(a)  The review committee shall be composed of seven members as follows:

(i)  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

(ii)  three shall be appointed by the director from nominations submitted by representatives of Utah’s repositories.

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

(c) 

(i)  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.

(ii)  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 Division of State History. Removal of a member who represents a repository requires the joint decision of the director and the Division of State History.

(d)  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).

(e)  A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:

(i)  Section 63A-3-106;

(ii)  Section 63A-3-107; and

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

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

(3)  The review committee shall:

(a)  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;

(b)  review a finding relating to the following, subject to the rules made by the division under Subsection 9-9-403(6):

(i)  the identity or cultural affiliation of Native American remains; or

(ii)  the return of Native American remains;

(c)  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;

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

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

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

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

(4)  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.

(5)  The appropriate state agency having primary authority over the lands as provided in 3, shall ensure that the review committee has reasonable access to:

(a)  Native American remains under review; and

(b)  associated scientific and historical documents.

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

(7)  The department shall include in the annual written report described in Section 9-1-208:

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

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

Amended by Chapter 79, 2019 General Session