Utah Code 9-9-408. Burial of ancient Native American remains in state parks
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(1) As used in this section:
Terms Used In Utah Code 9-9-408
- Antiquities Section: means the Antiquities Section of the State Historic Preservation Office. See Utah Code 9-9-402
- Division: means the Division of Indian Affairs. See Utah Code 9-9-402
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See 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
(1)(a) “Ancient Native American remains” means ancient human remains, as defined in Section 9-8a-302, that are Native American remains, as defined in Section 9-9-402.(1)(b) “Antiquities Section” means the Antiquities Section of the State Historic Preservation Office created in Section 9-8a-304.
(2)
(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.
(2)(b) The study shall include:
(2)(b)(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;
(2)(b)(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;
(2)(b)(iii) how to keep a record of the locations in which specific ancient Native American remains are buried;
(2)(b)(iv) how to account for the costs of:
(2)(b)(iv)(A) burying the ancient Native American remains on lands found within state parks; and
(2)(b)(iv)(B) securing and maintaining burial sites in state parks; and
(2)(b)(v) any issues related to burying ancient Native American remains in state parks.