Utah Code 9-9-406. Savings provision
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Nothing in this part may be construed to:
(1) limit the authority of a state agency to:
Terms Used In Utah Code 9-9-406
- 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
- Property: includes both real and personal property. 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
- 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
(1)(a) return or repatriate Native American remains to Indian tribes or individuals; or
(1)(b) enter into another agreement with the consent of the lineal descendant or culturally affiliated tribe as to the disposition or control over Native American remains;
(2) delay actions on repatriation requests that are pending on March 17, 1992;
(3) deny or otherwise affect access to any court, except as provided in Subsection 9-9-403(6);
(4) limit any procedural or substantive rights that may otherwise be secured to individuals or Indian tribes; or
(5) limit the application of any state or federal law pertaining to theft or stolen property.
