Superseded 7/1/2023)

Superseded 7/1/2023
9-9-407.  Native American Repatriation Restricted Account.

(1)  There is created a restricted account within the General Fund known as the “Native American Repatriation Restricted Account.”

Terms Used In Utah Code 9-9-407

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102
  • Division: means the Division of Indian Affairs. See Utah Code 9-9-402
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Indian 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 9-9-402
  • 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
  • Partner agency: means an agency of the state or a tribal agency that participates in the remains repatriation process. 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
  • Tribal consultation: means the state and the tribes exchanging views and information, in writing or in person, regarding implementing proposed state action under this part that has or may have substantial implications for tribes including impacts on:
(a) tribal cultural practices;
(b) tribal lands;
(c) tribal resources;
(d) access to traditional areas of tribal cultural or religious importance; or
(e) the consideration of the state's responsibilities to Indian tribes. See Utah Code 9-9-402
  • 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
  • Writing: includes :Utah Code 68-3-12.5
    • (2) 

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

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

    (3)  Subject to appropriation from the Legislature, the division may use the money in the Native American Repatriation Restricted Account as follows:

    (a)  for a grant issued in accordance with Subsection (6) to an Indian Tribe to pay the following costs of reburial of Native American remains:

    (i)  use of equipment;

    (ii)  labor for use of the equipment;

    (iii)  reseeding and vegetation efforts;

    (iv)  compliance with Section 9-8-404; and

    (v)  caskets;

    (b)  for tribal consultation, including:

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

    (ii)  travel costs, including per diem and lodging costs, for:

    (A)  Utah tribal leaders and tribal cultural resource managers; and

    (B)  regional partner tribes;

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

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

    (c)  for training tribal representatives, councils, and staff of a partner agency with repatriation responsibilities in the processes under Section 9-8-404 and rules made by the Division of State History in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including costs for:

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

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

    (4)  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.

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

    (6)  To issue a grant under this section, the division shall:

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

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

    Amended by Chapter 79, 2019 General Session

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