2006 Utah Code - 9-9-403 — Ownership and disposition of Native American remains -- Removal -- Discovery -- Disputes.

     9-9-403.   Ownership and disposition of Native American remains -- Removal -- Discovery -- Disputes.
     (1) The ownership or control of Native American remains that are excavated or discovered on state lands after the effective date of this part shall be in the following priority:
     (a) first, in the lineal descendants of the Native American;
     (b) second, if the lineal descendants cannot be ascertained, in the Indian tribe that has the closest cultural affiliation with the remains and that states a claim for the remains;
     (c) third, if cultural affiliation of the remains cannot be reasonably ascertained and the land is recognized either by a final judgment of the Indian Claims Commission or through other evidence as the exclusive or joint aboriginal land of some Indian tribe, in the Indian tribe that is recognized as aboriginally occupying the area in which the remains were discovered, if that tribe states a claim for the remains, or in a different tribe if it can be shown by a preponderance of the evidence that that different tribe has a stronger genetic or cultural relationship with the remains and that different tribe states a claim for the remains.
     (2) Native American remains not claimed under Subsection (1) shall be disposed of in accordance with rules promulgated by the division consistent with Chapter 8, Part 3 and in consultation with Native American groups, representatives of repositories, and the review committee established under Section 9-9-405.
     (3) The intentional removal or excavation of Native American remains from state lands may be permitted only if:
     (a) the remains are excavated or removed pursuant to a permit issued under Section 9-8-305;
     (b) the remains are excavated or removed after consultation with and written consent of the land owner; and
     (c) the ownership or right of control of the disposition of the remains is determined as provided in Subsections (1) and (2).
     (4) (a) Any person who knows or has reason to know that he or she has discovered Native American remains on state lands after the effective date of this part shall notify, in writing, the appropriate state agency having primary management authority over the lands as provided in Chapter 8, Part 3.
     (b) If the discovery occurred in connection with construction, mining, logging, agriculture, or a related activity the person shall cease the activity in the area of the discovery, make a reasonable effort to protect the remains discovered before resuming the activity, and provide notice of discovery to the appropriate state agency under Subsection (a).
     (c) Following notification under Subsections (a) and (b) and upon certification by the head of the appropriate state agency that notification has been received the activity may resume after compliance with Section 76-9-704.
     (5) Scientific study of remains may be carried out only with approval of the owner of the remains as established in Subsections (1) and (2). If ownership is unknown, prior study shall be restricted to those sufficient to identify ownership. This study shall be approved only in accordance with rules made by the division in consultation with the review committee established under Section 9-9-405. The remains shall be retained no longer than 90 days after the date of establishing ownership.
     (6) If there are multiple requests for repatriation of any remains and the division cannot clearly determine which requesting party is the most appropriate claimant, the appropriate state

agency having primary authority over the lands as provided in Chapter 8, Part 3 may retain the remains until the requesting parties agree upon its disposition or the dispute is otherwise resolved by a court of competent jurisdiction.

Enacted by Chapter 286, 1992 General Session