Terms Used In Utah Code > Title 9 > Chapter 8a > Part 3 - Antiquities

• Act: means the National Community and Service Trust Act of 1993, Utah Code 9-20-102
• Agency: means a department, division, office, bureau, board, commission, or other administrative unit of the state. See Utah Code 9-8a-302
• 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.
• Ancient human remains: means all or part of the following that are historic or prehistoric:
       (2)(a) a physical individual; and
       (2)(b) any object on or attached to the physical individual that is placed on or attached to the physical individual as part of the death rite or ceremony of a culture. See Utah Code 9-8a-302
• Antiquities Section: means the Antiquities Section of the office created in Section 9-8a-304. See Utah Code 9-8a-302
• Antiquities Section: means the Antiquities Section of the State Historic Preservation Office. See Utah Code 9-9-402
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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
• Archaeological resources: means all material remains and their associations, recoverable or discoverable through excavation or survey, that provide information pertaining to the historic or prehistoric peoples of the state. See Utah Code 9-8a-302
• Board: means the Board of State History created in Section 9-8-204. See Utah Code 9-8a-101
• Center: means the National Main Street Center. See Utah Code 9-24-101
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Collection: means a specimen and the associated records documenting the specimen and the specimen's recovery. See Utah Code 9-8a-302
• Commission: means the Utah Commission on Service and Volunteerism created in Section 9-20-201. See Utah Code 9-20-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• 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
• Curation: means management and care of collections according to standard professional museum practice, which may include inventorying, accessioning, labeling, cataloging, identifying, evaluating, documenting, storing, maintaining, periodically inspecting, cleaning, stabilizing, conserving, exhibiting, exchanging, or otherwise disposing of original collections or reproductions, and providing access to and facilities for studying collections. See Utah Code 9-8a-302
• Curation facility: means the same as that term is defined in Section 53B-17-603. See Utah Code 9-8a-302
• Deed: The legal instrument used to transfer title in real property from one person to another.
• 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 Utah Division of Indian Affairs created in Section 9-9-102. See Utah Code 9-9-101
• Division: means the Division of Indian Affairs. See Utah Code 9-9-402
• division: means the Utah Division of Indian Affairs created in Section 9-9-102. See Utah Code 9-9-101
• Effect: means an alteration to one or more characteristics of a historic property that qualify the historic property for inclusion in, or that make the historic property eligible for inclusion in, the National Register of Historic Places. See Utah Code 9-8a-402
• Enterprise fund: means a fund as defined by the Governmental Accounting Standards Board that is used by a municipality to report an activity for which a fee is charged to users for goods or services. See Utah Code 10-5-102.5
• 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.
• Excavate: means the recovery of archaeological resources. See Utah Code 9-8a-302
• Executive director: means the executive director of the Department of Cultural and Community Engagement. See Utah Code 9-1-102
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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
• Historic property: means any prehistoric or historic district, site, building, structure, or specimen included in, or eligible for inclusion in, the National Register of Historic Places or the State Register. See Utah Code 9-8a-302
• Historic property: means any historic or prehistoric district, site, building, structure, or object that is at least 50 years old and that is included in, or that is eligible for inclusion in, the National Register of Historic Places. See Utah Code 9-8a-402
• Indian reservation: means :
  (1) all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights of way running through the reservation; and
  (2) all Indian allotments, to which the Indian titles have not been extinguished, including rights of way thereon. See Utah Code 9-9-210
• 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
• 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 9-8a-302
• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• 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 :
       (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
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Municipality: means :
       (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
       (5)(b) a town, as classified in Section 10-2-301; or
       (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
• Museum: means the Utah Museum of Natural History. See Utah Code 9-8a-302
• 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 :
            (12)(b)(i) land owned or controlled by:

                 (12)(b)(i)(A) the state;

                 (12)(b)(i)(B) a county, city, or town;

                 (12)(b)(i)(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

                 (12)(b)(i)(D) a person other than the federal government; or
            (12)(b)(ii) school and institutional trust lands. See Utah Code 9-8a-302
• Nonfederal land: includes :
            (10)(b)(i) land owned or controlled by:

                 (10)(b)(i)(A) the state;

                 (10)(b)(i)(B) a county, city, or town;

                 (10)(b)(i)(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

                 (10)(b)(i)(D) a person other than the federal government; or
            (10)(b)(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.
• Office: means the State Historic Preservation Office created in Section 9-8a-201. See Utah Code 9-8a-101
• Officer: means the state historic preservation officer, appointed in accordance with Section 9-8a-202. See Utah Code 9-8a-101
• Oversight: Committee review of the activities of a Federal agency or program.
• 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 :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Principal investigator: means the individual with overall administrative responsibility for the survey or excavation project authorized by the permit. See Utah Code 9-8a-302
• Probate: Proving a will
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Program: means the Utah Main Street Program created in Section 9-24-102. See Utah Code 9-24-101
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Quorum: The number of legislators that must be present to do business.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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
• Repository: means the same as that term is defined in Section 53B-17-603. See Utah Code 9-8a-302
• Review committee: means the Native American Remains Review Committee created by Section 9-9-405. See Utah Code 9-9-402
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Site: means any petroglyphs, pictographs, structural remains, or geographic location that is the source of archaeological resources or specimens. See Utah Code 9-8a-302
• Specimen: means all man-made artifacts and remains of an archaeological or anthropological nature found on or below the surface of the earth, excluding structural remains. See Utah Code 9-8a-302
• 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:
            (14)(a)(i) legislative and judicial branches;
            (14)(a)(ii) departments, divisions, agencies, boards, commissions, councils, and committees; and
            (14)(a)(iii) institutions of higher education as defined under Section 53B-3-102. See Utah Code 9-9-402
• State land: means land owned by the state including the state's:
            (18)(a)(i) legislative and judicial branches;
            (18)(a)(ii) departments, divisions, agencies, boards, commissions, councils, and committees; and
            (18)(a)(iii) institutions of higher education as defined under Section 53B-3-102. See Utah Code 9-8a-302
• State register: means a register of cultural sites and localities, historic and prehistoric sites, and districts, buildings, and objects significant in Utah history. See Utah Code 9-8a-402
• Statute: A law passed by a legislature.
• Survey: means a surface investigation for archaeological resources that may include:
       (19)(a) insubstantial surface collection of archaeological resources; and
       (19)(b) limited subsurface testing that disturbs no more of a site than is necessary to determine the nature and extent of the archaeological resources or whether the site is a historic property. See Utah Code 9-8a-302
• Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. 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:
       (15)(a) tribal cultural practices;
       (15)(b) tribal lands;
       (15)(c) tribal resources;
       (15)(d) access to traditional areas of tribal cultural or religious importance; or
       (15)(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
• 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
• Undertaking: means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a state agency, including a project, activity, or program:
            (1)(d)(i) carried out by or on behalf of a state agency;
            (1)(d)(ii) carried out with financial assistance from the state; or
            (1)(d)(iii) that requires a state permit, license, or approval. See Utah Code 9-8a-402
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Utility: means a utility owned by a town, in whole or in part, that provides electricity, gas, water, or sewer, or any combination of them. See Utah Code 10-5-102.5
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5