2006 Utah Code - 9-9-405 — Review committee.

     9-9-405.   Review committee.
     (1) There is created a Native American Remains Review Committee.
     (2) (a) The review committee shall be composed of seven members as follows:
     (i) four shall be appointed by the division director from nominations submitted by Indian tribes; and
     (ii) three shall be appointed by the division director from nominations submitted by representatives of repositories.
     (b) Except as required by Subsection (2)(c), as terms of current committee members expire, the division director shall appoint each new member or reappointed member to a four-year term.
     (c) Notwithstanding the requirements of Subsection (2)(b), the division director shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years.
     (d) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
     (e) (i) A member shall receive no compensation or benefits for the member's services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
     (ii) A member may decline to receive per diem and expenses for the member's service.
     (f) The review committee shall designate one of its members as chair.
     (3) The review committee shall:
     (a) monitor the identification process conducted under Section 9-9-403 to ensure a fair and objective consideration and assessment of all available relevant information and evidence;
     (b) review, upon the request of any affected party, any finding relating to:
     (i) the identity or cultural affiliation of remains; or
     (ii) the return of these remains;
     (c) facilitate the resolution of any disputes among Indian tribes or lineal descendants and state agencies relating to the return of remains, including convening the parties to the dispute if deemed desirable;
     (d) consult with Indian tribes on matters within the scope of the work of the review committee affecting these tribes;
     (e) consult with the division in the development of rules to carry out this part;
     (f) perform other related functions as the division may assign to the committee; and
     (g) make recommendations, if appropriate, regarding future care of remains that are to be repatriated.
     (4) Any records and findings made by the review committee relating to the identity of or cultural affiliation of any remains and the return of any remains may be admissible in any action brought under this part.
     (5) The appropriate state agency having primary authority over the lands as provided in Chapter 8, Part 3, Antiquities, shall ensure that the review committee have reasonable access to Native American remains under review and to associated scientific and historical documents.
     (6) The division shall provide reasonable administrative and staff support necessary for the deliberations of the committee.
     (7) The review committee shall submit an annual report to the Native American

Legislative Liaison Committee, created in Section 36-22-1, on the progress made, and any barriers encountered, in implementing this section during the previous year.

Amended by Chapter 35, 1997 General Session