Full text of Utah Utah Code § 9-9-405 — Review committee., with citation guidance and answers to common questions.
§ 9-9-405. Review committee.
Effective 5/7/2025
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 Tribal members shall be appointed by the director from nominations submitted by the elected officials of Indian Tribal Nations described in Subsection 9-9-104.5(2)(b); and |
| (ii) | three shall be appointed by the director from nominations submitted by representatives of Utah's repositories. |
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| (b) | A member appointed under Subsection (2)(a)(i) shall have familiarity and experience with this part. |
| (c) |
| (i) | A member appointed under Subsection (2)(a)(i) serves at the will of the director, and if the member represents an Indian Tribal Nation, at the will of that Indian Tribal Nation. |
| (ii) | Removal of a member who represents an Indian Tribal Nation requires the joint decision of the director and the Indian Tribal Nation. |
| (iii) | A member appointed under Subsection (2)(a)(ii) serves at the will of the director, and if the member represents a repository, at the will of the State Historic Preservation Office. |
| (iv) | Removal of a member who represents a repository requires the joint decision of the director and the State Historic Preservation Office. |
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| (d) | When a vacancy occurs in the membership for any reason, the director shall appoint a replacement in the same manner as the original appointment under Subsection (2)(a). |
| (e) | A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
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| (f) | The review committee shall designate one of its members as chair. |
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| (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 a finding relating to the following, subject to the rules made by the division under Subsection 9-9-403(6):
| (i) | the identity or cultural affiliation of Native American remains; or |
| (ii) | the return of Native American remains; |
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| (c) | facilitate the resolution of a dispute among Indian Tribal Nations or lineal descendants and state agencies relating to the return of Native American remains, including convening the parties to the dispute if considered desirable; |
| (d) | consult with Indian Tribal Nations on matters within the scope of the work of the review committee affecting these Indian Tribal Nations; |
| (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 remains that are to be repatriated. |
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| (4) | A record or finding made by the review committee relating to the identity of or cultural affiliation of Native American remains and the return of Native American 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 8a, 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. |
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| (6) | The division shall provide reasonable administrative and staff support necessary for the deliberations of the review committee. |
| (7) | The department shall include in the annual written report described in Section 9-1-208:
| (a) | a description of the progress made, and any barriers encountered, by the review committee in implementing this section during the previous year; and |
| (b) | a review of the expenditures made from the Native American Repatriation Restricted Account. |
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Amended by Chapter
44, 2025 General Session
Sunset by Section 63I-1-209
Frequently Asked Questions About Utah § 9-9-405
What does Utah Code § 9-9-405 cover?
Section 9-9-405 ("Review committee.") 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 § 9-9-405?
A common citation format is "Utah Code § 9-9-405" (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 § 9-9-405 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.
