Full text of Utah Utah Code § 9-9-402 — Definitions., with citation guidance and answers to common questions.
§ 9-9-402. Definitions.
Effective 10/14/2025 9-9-402.
Definitions. As used in this part:
(1)
"Antiquities Section" means the Antiquities Section of the State Historic Preservation Office.
(2)
"Burial site" means a natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which as a part of the death rite or ceremony of a culture individual human remains are deposited.
(3)
"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.
(4)
"Director" means the director of the Division of Indian Affairs.
(5)
"Division" means the Division of Indian Affairs.
(6)
"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.
(7)
"Lineal descendant" means the genealogical descendant established by oral or written record.
(8)
"Native American" means of or relating to a tribe, people, or culture that is indigenous to the United States.
(9)
"Native American remains" means remains that are Native American.
(10)
(a)
"Nonfederal land" means land in the state that is not owned, controlled, or held in trust by the federal government.
(b)
"Nonfederal land" includes:
(i)
land owned or controlled by:
(A)
the state;
(B)
a county, city, or town;
(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
(D)
a person other than the federal government; or
(ii)
school and institutional trust lands as defined in Section 53C-1-103.
(11)
"Partner agency" means an agency of the state or a tribal agency that participates in the remains repatriation process.
(12)
"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.
(13)
"Review committee" means the Native American Remains Review Committee created by Section 9-9-405.
(14)
(a)
"State land" means land owned by the state including the state's:
(i)
legislative and judicial branches;
(ii)
departments, divisions, agencies, boards, commissions, councils, and committees; and
(iii)
institutions of higher education as defined under Section 53H-1-101.
(b)
"State land" does not include:
(i)
land owned by a political subdivision of the state;
(ii)
land owned by a school district;
(iii)
private land; or
(iv)
school and institutional trust lands as defined in Section 53C-1-103.
(15)
"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:
(a)
tribal cultural practices;
(b)
tribal lands;
(c)
tribal resources;
(d)
access to traditional areas of tribal cultural or religious importance; or
(e)
the consideration of the state's responsibilities to Indian tribes.
Section 9-9-402 ("Definitions.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 9-9-402?
A common citation format is "Utah Code § 9-9-402" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 9-9-402 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
