§ 9-9-407 — Native American Repatriation Restricted Account.

Utah § 9-9-407

• Jurisdiction: Utah
• Title 9: Cultural and Community Engagement
• Ch. 9-9: Utah Division of Indian Affairs Act
• Part 9-9-4: Native American Grave Protection and Repatriation Act

Text

(1) There is created a restricted account within the General Fund known as the "Native American Repatriation Restricted Account."
(2) (2)(a) The Native American Repatriation Restricted Account shall consist of appropriations from the Legislature.
(2)(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:

(3)(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:
(3)(a)(i) use of equipment;
(3)(a)(ii) labor for use of the equipment;
(3)(a)(iii) reseeding and vegetation efforts;
(3)(a)(iv) compliance with Section 9-8a-404; and
(3)(a)(v) caskets;
(3)(b) for tribal consultation, including:
(3)(b)(i) consultation time, drafting reports, taking detailed notes, communicating to the stakeholders, facilitating discussions, and traveling to individual tribal locations;
(3)(b)(ii) travel costs, including per diem and lodging costs, for:

(3)(b)(ii)(A) Utah tribal leaders and tribal cultural resource managers; and
(3)(b)(ii)(B) regional partner tribes;
(3)(b)(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
(3)(b)(iv) costs for holding meetings under Subsection (3)(b)(iii); and
(3)(c) for training tribal representatives, councils, and staff of a partner agency with repatriation responsibilities in the processes under Section 9-8a-404 and rules made by the State Historic Preservation Office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including costs for:
(3)(c)(i) lodging and transportation of employees of the department or a partner agency; or
(3)(c)(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:

(6)(a) require that an Indian Tribe request the grant in writing and specify how the grant money will be expended; and
(6)(b) enter into an agreement with the Indian Tribe to ensure that the grant money is expended in accordance with Subsection (3).

Legislative History

Amended by Chapter 160, 2023 General Session