Superseded 7/1/2023)
Superseded 7/1/2023
9-9-408. Burial of ancient Native American remains in state parks.
| (1) |
As used in this section:
Terms Used In Utah Code 9-9-408- Antiquities Section: means the Antiquities Section of the Division of State History. See Utah Code 9-9-402
- Division: means the Division of Indian Affairs. See Utah Code 9-9-402
- Land: includes :Utah Code 68-3-12.5
- 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
- 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
| (a) |
“Ancient Native American remains” means ancient human remains, as defined in Section 9-8-302, that are Native American remains, as defined in Section 9-9-402. |
| (b) |
“Antiquities Section” means the Antiquities Section of the Division of State History created in Section 9-8-304. |
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| (2) |
| (a) |
The division, the Antiquities Section, and the Division of State Parks shall cooperate in a study of the feasibility of burying ancient Native American remains in state parks. |
| (b) |
The study shall include:
| (i) |
the process and criteria for determining which state parks would have land sufficient and appropriate to reserve a portion of the land for the burial of ancient Native American remains; |
| (ii) |
the process for burying the ancient Native American remains on the lands within state parks, including the responsibilities of state agencies and the assurance of cultural sensitivity; |
| (iii) |
how to keep a record of the locations in which specific ancient Native American remains are buried; |
| (iv) |
how to account for the costs of:
| (A) |
burying the ancient Native American remains on lands found within state parks; and |
| (B) |
securing and maintaining burial sites in state parks; and |
|
| (v) |
any issues related to burying ancient Native American remains in state parks. |
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Amended by Chapter 280, 2021 General Session
