§ 9-9-401 Short title
§ 9-9-402 Definitions
§ 9-9-402 v2 Definitions
§ 9-9-403 Ownership and disposition of Native American remains
§ 9-9-403 v2 Ownership and disposition of Native American remains
§ 9-9-404 Illegal trafficking
§ 9-9-405 Review committee
§ 9-9-405 v2 Review committee
§ 9-9-406 Savings provision
§ 9-9-407 Native American Repatriation Restricted Account
§ 9-9-407 v2 Native American Repatriation Restricted Account
§ 9-9-408 Burial of ancient Native American remains in state parks
§ 9-9-408 v2 Burial of ancient Native American remains in state parks

Terms Used In Utah Code > Title 9 > Chapter 9 > Part 4 - Native American Grave Protection and Repatriation Act

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Antiquities Section: means the Antiquities Section of the Division of State History. See Utah Code 9-9-402
  • 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
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • 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
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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.
  • 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.
  • Fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 10-5-102.5
  • General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 10-5-102.5
  • Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Nonfederal land: includes :
    (i) land owned or controlled by:
    (A) the state;
    (B) a county, city, or town;
    (C) an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or
    (D) a person other than the federal government; or
    (ii) school and institutional trust lands as defined in Section 53C-1-103. See Utah Code 9-9-402
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • Person: means :Utah Code 68-3-12.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
  • 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
  • State land: means land owned by the state including the state's:
    (i) legislative and judicial branches;
    (ii) departments, divisions, agencies, boards, commissions, councils, and committees; and
    (iii) institutions of higher education as defined under Section 53B-3-102. See Utah Code 9-9-402
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
  • Town general fund: means the general fund used by a town. See Utah Code 10-5-102.5
  • 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5