State Codes and Statutes
Statutes > Utah > Title-09 > Chapter-09 > 9-9-4059-9-405. 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 director from nominations submitted by Indian tribes;and
(ii) three shall be appointed by the director from nominations submitted byrepresentatives of repositories.
(b) Except as required by Subsection (2)(c), as terms of current committee membersexpire, the director shall appoint each new member or reappointed member to a four-year term.
(c) Notwithstanding the requirements of Subsection (2)(b), the director shall, at the timeof appointment or reappointment, adjust the length of terms to ensure that the terms of committeemembers are staggered so that approximately half of the review committee is appointed everytwo years.
(d) When a vacancy occurs in the membership for any reason, the director shall appoint areplacement for the unexpired term.
(e) A member may not receive compensation or benefits for the member's service, butmay receive per diem and travel expenses in accordance with:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and63A-3-107.
(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 fairand objective consideration and assessment of all available relevant information and evidence;
(b) review a finding relating to the following, subject to the rules made by the divisionunder Subsection 9-9-403(6):
(i) the identity or cultural affiliation of Native American remains; or
(ii) the return of Native American remains;
(c) facilitate the resolution of a dispute among Indian tribes or lineal descendants andstate agencies relating to the return of Native American remains, including convening the partiesto the dispute if considered desirable;
(d) consult with Indian tribes on matters within the scope of the work of the reviewcommittee 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 review committee;and
(g) make recommendations, if appropriate, regarding care of Native American remainsthat are to be repatriated.
(4) A record or finding made by the review committee relating to the identity of orcultural affiliation of Native American remains and the return of Native American remains maybe admissible in any action brought under this part.
(5) The appropriate state agency having primary authority over the lands as provided inChapter 8, Part 3, Antiquities, shall ensure that the review committee has reasonable access to:
(a) Native American remains under review; and
(b) associated scientific and historical documents.
(6) The division shall provide reasonable administrative and staff support necessary forthe deliberations of the review committee.
(7) The review committee shall submit an annual report to the Native AmericanLegislative Liaison Committee, created in Section 36-22-1, on the progress made, and anybarriers encountered, in implementing this section during the previous year.
Amended by Chapter 286, 2010 General Session
