reglab/statecodes huggingface dataset:
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 8 - Preserve Our Heritage Act › Section 803 - Ownership of reposited materials -- Rebuttable presumption.

9-8-803.
Ownership of reposited materials -- Rebuttable presumption.
(1) There is established a rebuttable presumption that any reposited materials held by a collecting institution are the property of that collecting institution.
(2) Any person seeking to claim reposited materials from a collecting institution shall comply with the requirements of this part.
Amended by Chapter 4, 1993 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 8 - Preserve Our Heritage Act › Section 804 - Statute of limitations for claiming reposited materials from a collecting institution.

9-8-804.
Statute of limitations for claiming reposited materials from a collecting institution.
(1) Any reposited materials in a collecting institution that are not accompanied by a transfer of title to those materials are considered a gift to the collecting institution when more than 25 years have passed from the date of the last written contact between the depositor or his successors and the collecting institution.
(2) No depositor or any of his successors may bring an action against the collecting institution to recover the reposited materials from the collecting institution after 25 years have passed from the date of the last written contact between the depositor or his successors and the collecting institution.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 8 - Preserve Our Heritage Act › Section 805 - Collecting institutions -- Perfecting title -- Notice.

Effective 5/3/2023
9-8-805.
Collecting institutions -- Perfecting title -- Notice.
(1)
(a) A collecting institution wishing to perfect title in any reposited materials held by it shall send, by registered mail, a notice containing the information required by Subsection (2) to the last-known address of the last-known owner of the property.
(b) In addition to the requirements of Subsection (1)(a), a collecting institution shall publish a notice containing the information required by Subsection (2) if:
(i) the owner or the address of the owner of the reposited materials is unknown;
(ii) the mailed notice is returned to the collecting institution without a forwarding address; or
(iii) the owner does not claim the reposited materials within 90 days after the day on which the notice was mailed.
(c) If required to publish a notice under Subsection (1)(b), the collecting institution shall publish the notice for two weeks:
(i) for the county where the collecting institution is located, as a class A notice under Section 63G-30-102; and
(ii) as required in Section 45-1-101.
(2) Each notice required by this section shall include:
(a) the name, if known, and the last-known address, if any, of the last-known owner of the reposited materials;
(b) a description of the reposited materials;
(c) the name of the collecting institution that has possession of the reposited materials and a person within that institution whom the owner may contact; and
(d) a statement that if the reposited materials are not claimed within 90 days from the day on which the notice is published in accordance with Subsection (1)(b), the reposited materials are considered abandoned and become the property of the collecting institution.
(3) If no one claims reposited materials within 90 days after the day on which notice is published in accordance with Subsection (1)(b), the reposited materials are considered abandoned and are the property of the collecting institution.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 8 - Preserve Our Heritage Act › Section 806 - Claiming reposited materials held by a collecting institution.

9-8-806.
Claiming reposited materials held by a collecting institution.
(1) Any person claiming title to reposited materials held by a collecting institution shall demonstrate that he owns all right, title, and interest in the reposited materials to the reasonable satisfaction of the collecting institution.
(2)
(a) Any person claiming to represent a person claiming title to reposited materials held by a collecting institution shall demonstrate, to the reasonable satisfaction of the collecting institution, that:
(i) he represents every person who owns any right, title, or interest in the reposited materials; and
(ii) the persons he represents own all right, title, and interest in the reposited materials.
(b) Any person claiming he represents persons holding all right, title, and interest in the reposited materials may demonstrate that representation by providing the collecting institution with a notarized authorization from every person having any right, title, or interest in the reposited materials.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8 - History Development › Part 9 - State Historic Preservation Office › Section 906 - Utah Archaeological and Historic Sites Grant Program.

Effective 5/3/2023
9-8-906.
Utah Archaeological and Historic Sites Grant Program.
(1) The office shall:
(a) administer the money contained in the grant program; and
(b) select qualified recipients in accordance with Subsection (2).
(2) The office may distribute the money from the grant program to a private landowner:
(a) that applies to the office, in a manner prescribed by the office, to receive all or part of the money contained in the grant program; and
(b) for identifying and protecting archaeological resources on the landowner's property, if the private landowner contributes an amount of money equal to or greater than the amount of money the landowner receives from the grant program.
Enacted by Chapter 202, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8a - State Historic Preservation Office › Part 1 - General Provisions › Section 101 - Definitions.

Effective 7/1/2023
9-8a-101.
Definitions.
As used in this chapter:
(1) "Board" means the Board of State History created in Section 9-8-204.
(2) "Committee" means the National Register Review Committee created in Section 9-8a-204.
(3) "Office" means the State Historic Preservation Office created in Section 9-8a-201.
(4) "Officer" means the state historic preservation officer, appointed in accordance with Section 9-8a-202.
Renumbered and Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8a - State Historic Preservation Office › Part 2 - State Historic Preservation Office › Section 201 - State Historic Preservation Office -- Creation -- Purpose.

Effective 7/1/2023
9-8a-201.
State Historic Preservation Office -- Creation -- Purpose.
(1) There is created within the department the State Historic Preservation Office under the administration and supervision of the executive director or the designee of the executive director.
(2) The office shall be under the policy direction of the board.
(3) The office shall be the authority in the state for state history preservation and shall perform those duties set forth in statute.
Renumbered and Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8a - State Historic Preservation Office › Part 2 - State Historic Preservation Office › Section 202 - Appointment of state historic preservation officer.

Effective 7/1/2023
9-8a-202.
Appointment of state historic preservation officer.
(1) In accordance with 36 C.F.R. Sec. 61.4, the governor shall appoint the state historic preservation officer.
(2) The officer shall administer:
(a) the office; and
(b) the state historic preservation program.
Renumbered and Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8a - State Historic Preservation Office › Part 2 - State Historic Preservation Office › Section 203 - Office duties.

Effective 7/1/2023
9-8a-203.
Office duties.
The office shall:
(1) secure, for the present and future benefit of the state, the protection of archaeological resources and sites which are on state lands;
(2) foster increased cooperation and exchange of information between state authorities, the professional archaeological community, and private individuals;
(3) in cooperation with federal and state agencies, local governments, private organizations, and private individuals, direct and conduct a comprehensive statewide survey of historic properties;
(4) maintain an inventory of the properties described in Subsection (3);
(5) identify and nominate eligible property to the National Register of Historic Places;
(6) administer applications for listing historic property on the National Register of Historic Places;
(7) prepare and implement a comprehensive statewide historic preservation plan;
(8) administer the state program of federal assistance for historic preservation within the state;
(9) advise and assist, as appropriate, state agencies, federal agencies, and local governments in carrying out their historic preservation responsibilities;
(10) cooperate with federal agencies, state agencies, local agencies, private organizations, and individuals to ensure that historic property is taken into consideration at all levels of planning and development;
(11) provide, with respect to historic preservation:
(a) public information;
(b) education;
(c) training; and
(d) technical assistance;
(12) cooperate with local governments in the development of local historic preservation programs;
(13) consult with appropriate federal agencies with respect to:
(a) federal undertakings that may affect historic properties; and
(b) advising and assisting in the evaluation of proposals for rehabilitation projects that may qualify for federal assistance;
(14) perform other duties as designated under 54 U.S.C. Sec. 302303; and
(15) perform other duties as designated by the department and by statute.
Renumbered and Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8a - State Historic Preservation Office › Part 2 - State Historic Preservation Office › Section 204 - National Register Review Committee.

Effective 7/1/2023
9-8a-204.
National Register Review Committee.
(1) There is created the National Register Review Committee.
(2) The committee shall be composed of nine members, at least five of whom have professional experience in:
(a) history;
(b) prehistoric and historic archaeology;
(c) architectural history;
(d) architecture;
(e) folklore;
(f) cultural anthropology;
(g) museology, curation, or conservation;
(h) landscape architecture; or
(i) planning.
(3) To qualify as a member with professional experience in a discipline described in Subsection (2), a member shall meet the professional qualifications standards described in 36 C.F.R. Sec. 61.4.
(4) The committee shall serve as Utah's State Historic Preservation Review Board described in 36 C.F.R. Sec. 61.4.
(5) The officer and the director shall make the initial appointments to the committee.
(6)
(a) Except as described in Subsections (6)(b) and (c), a member shall serve a term of four years.
(b) When making initial appointments to the committee, the director and the officer shall stagger the terms so that approximately half of the committee members serve an initial term of two years.
(c) When the term of a current member expires, a member shall be reappointed or a new member shall be appointed in accordance with Subsection (8).
(7)
(a) When a vacancy occurs in the membership for any reason, a replacement shall be appointed in accordance with Subsection (8) for the unexpired term.
(b) A member whose term has expired may continue to serve until a replacement is appointed.
(8) The committee shall nominate a member to fill a vacancy described in Subsection (6)(c) or (7)(a), subject to the approval of the director and the officer.
(9) A member may serve more than one term, but may not serve more than three terms.
(10) A majority of the members of the committee is a quorum.
(11) A member may not receive compensation or benefits for the member's service.
(12) The committee shall meet at least one time per year.
(13) The committee shall elect a chair from the committee's members.
(14) The committee shall:
(a) review, evaluate, and comment on the eligibility of properties nominated to the National Register of Historic Places;
(b) review the documentation of nominated parties and recommended changes to the National Register of Historic Places nomination;
(c) bring to the attention of the office and the officer properties which may meet the National Register of Historic Places criteria for evaluation;
(d) recommend the removal of properties from the National Register of Historic Places;
(e) assist the officer and the office in statewide efforts to encourage public and private persons to identify, nominate, protect, enhance, and maintain the state's historic resources; and
(f) review the State Historic Preservation Plan prior to submission to the United States Department of the Interior.
Renumbered and Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8a - State Historic Preservation Office › Part 3 - Antiquities › Section 301 - Purpose.

Effective 7/1/2023
9-8a-301.
Purpose.
(1) The Legislature declares that the general public and the beneficiaries of the school and institutional land grants have an interest in the preservation and protection of the state's archaeological and anthropological resources and a right to the knowledge derived and gained from scientific study of those resources.
(2)
(a) The Legislature finds that policies and procedures for the survey and excavation of archaeological resources from school and institutional trust lands are consistent with the school and institutional land grants, if these policies and procedures insure that primary consideration is given, on a site or project specific basis, to the purpose of support for the beneficiaries of the school and institutional land grants.
(b) The Legislature finds that the preservation, placement in a repository, curation, and exhibition of specimens found on school or institutional trust lands for scientific and educational purposes is consistent with the school and institutional land grants.
(c) The Legislature finds that the preservation and development of sites found on school or institutional trust lands for scientific or educational purposes, or the disposition of sites found on school or institutional trust lands, after consultation between the office and the School and Institutional Trust Lands Administration to determine the appropriate level of data recovery or implementation of other appropriate preservation measures, for preservation, development, or economic purposes, is consistent with the school and institutional land grants.
(d) The Legislature declares that specimens found on lands owned or controlled by the state or its subdivisions may not be sold.
(3) The Legislature declares that the historical preservation purposes of this chapter must be kept in balance with the other uses of land and natural resources which benefit the health and welfare of the state's citizens.
(4) It is the purpose of this part and Part 4, Historic Sites, to provide that the survey, excavation, curation, study, and exhibition of the state's archaeological and anthropological resources be undertaken in a coordinated, professional, and organized manner for the general welfare of the public and beneficiaries alike.
Renumbered and Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8a - State Historic Preservation Office › Part 3 - Antiquities › Section 304 - Antiquities Section created -- Duties.

Effective 7/1/2023
9-8a-304.
Antiquities Section created -- Duties.
(1) There is created within the office the Antiquities Section.
(2) The Antiquities Section shall:
(a) promote research, study, and activities in the field of antiquities;
(b) assist with the marking, protection, and preservation of sites;
(c) assist with the collection, preservation, and administration of specimens until the specimens are placed in a repository or curation facility;
(d) provide advice on the protection and orderly development of archaeological resources, and in doing so confer with the Public Lands Policy Coordinating Office if requested;
(e) assist with the excavation, retrieval, and proper care of ancient human remains discovered on nonfederal lands in accordance with:
(i) Section 9-8a-309;
(ii) Section 9-9-403;
(iii) Subsection 76-9-704(3); and
(iv) federal law;
(f) collect and administer site survey and excavation records;
(g) edit and publish antiquities records;
(h) inform the officer in writing about any request for advice or consultation from an agency or an agency's agent; and
(i) employ an archaeologist meeting the requirements of 36 C.F.R. 61.4.
(3) The Antiquities Section shall cooperate with local, state, and federal agencies and all interested persons to achieve the purposes of this part and Part 4, Historic Sites.
(4) Before performing the duties specified in Subsections (2)(a) through (e), the Antiquities Section shall obtain permission from the landowner.
Renumbered and Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8a - State Historic Preservation Office › Part 3 - Antiquities › Section 306 - Archaeological or anthropological landmarks.

Effective 7/1/2023
9-8a-306.
Archaeological or anthropological landmarks.
(1) Sites of significance may be recommended to and approved by the board as state archaeological or anthropological landmarks. No privately owned site or site on school or institutional trust lands may be so designated without the written consent of the owner.
(2) A person may not excavate upon a privately owned designated landmark without a permit from the office.
(3) Before any alteration is commenced on a designated landmark, three months' notice of intent to alter the site shall be provided to the office.
Renumbered and Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8a - State Historic Preservation Office › Part 3 - Antiquities › Section 307 - Report of discovery on state or private lands.

Effective 7/1/2023
9-8a-307.
Report of discovery on state or private lands.
(1) Any person who discovers any archaeological resources on lands owned or controlled by the state or its subdivisions shall promptly report the discovery to the office.
(2) Any person who discovers any archaeological resources on privately owned lands shall promptly report the discovery to the office.
(3) Field investigations shall be discouraged except in accordance with this part and Part 4, Historic Sites.
(4) Nothing in this section may be construed to authorize any person to survey or excavate for archaeological resources.
Renumbered and Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8a - State Historic Preservation Office › Part 3 - Antiquities › Section 308 - Forgery or false labeling of specimens unlawful.

Effective 7/1/2023
9-8a-308.
Forgery or false labeling of specimens unlawful.
It is unlawful to reproduce, rework, or forge any specimen or make any object, whether copied or not, or falsely label, describe, identify, or offer for sale or exchange any object, with intent to represent it as an original and genuine specimen. No person may offer for sale or other exchange any object with knowledge that it was collected or excavated in violation of this part.
Renumbered and Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8a - State Historic Preservation Office › Part 4 - Historic Sites › Section 401 - Purpose.

Effective 7/1/2023
9-8a-401.
Purpose.
The Legislature determines and declares that the public has a vital interest in all antiquities, historic and prehistoric ruins, and historic sites, buildings, and objects which, when neglected, desecrated, destroyed or diminished in aesthetic value, result in an irreplaceable loss to the people of this state.
Renumbered and Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8a - State Historic Preservation Office › Part 4 - Historic Sites › Section 402 - Definitions -- Office duties.

Effective 7/1/2023
9-8a-402.
Definitions -- Office duties.
(1) In addition to the definitions described in Section 9-8a-302, as used in this part:
(a) "Effect" means an alteration to one or more characteristics of a historic property that qualify the historic property for inclusion in, or that make the historic property eligible for inclusion in, the National Register of Historic Places.
(b) "Historic property" means any historic or prehistoric district, site, building, structure, or object that is at least 50 years old and that is included in, or that is eligible for inclusion in, the National Register of Historic Places.
(c) "State register" means a register of cultural sites and localities, historic and prehistoric sites, and districts, buildings, and objects significant in Utah history.
(d) "Undertaking" means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a state agency, including a project, activity, or program:
(i) carried out by or on behalf of a state agency;
(ii) carried out with financial assistance from the state; or
(iii) that requires a state permit, license, or approval.
(2) The office shall:
(a) constitute the historic preservation agency for this state;
(b) establish a state register for the orderly identification and recognition of the state's cultural resources; and
(c) provide for participation in the National Historic Preservation Program.
Renumbered and Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8a - State Historic Preservation Office › Part 4 - Historic Sites › Section 403 - Placement on State or National Register.

Effective 7/1/2023
9-8a-403.
Placement on State or National Register.
The board shall notify owners of sites, buildings, structures, or objects before placing those sites, buildings, structures, or objects on the State Register or nominating them to the National Register.
Renumbered and Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8a - State Historic Preservation Office › Part 4 - Historic Sites › Section 405 - Federal funds -- Agreements on standards and procedures.

Effective 7/1/2023
9-8a-405.
Federal funds -- Agreements on standards and procedures.
By following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, the office may accept and administer federal funds provided under the provisions of the National Historic Preservation Act of 1966, the Land and Water Conservation Act as amended, and subsequent legislation directed toward the encouragement of historic preservation, and to enter into those agreements on professional standards and procedures required by participation in the National Historic Preservation Act of 1966 and the National Register Office.
Renumbered and Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8a - State Historic Preservation Office › Part 5 - Historical Preservation Act › Section 502 - Legislative finding.

Effective 7/1/2023
9-8a-502.
Legislative finding.
The Legislature finds and declares that preservation and restoration of historically significant real property and structures as identified by the State Register of Historic Sites are in the public interest of the people of the state of Utah and should be promoted by the laws of this state.
Renumbered and Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8a - State Historic Preservation Office › Part 5 - Historical Preservation Act › Section 503 - Preservation easement.

Effective 7/1/2023
9-8a-503.
Preservation easement.
Any owner of a fee simple interest in real property may convey, and any other party entitled to own real property interests may accept, a preservation easement pertaining to the real property if the real property possesses historical value that will be enhanced or preserved by the terms of the easement regarding restoration or preservation of the real property.
Renumbered and Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8a - State Historic Preservation Office › Part 5 - Historical Preservation Act › Section 504 - Preservation easement -- Subject to other laws.

Effective 7/1/2023
9-8a-504.
Preservation easement -- Subject to other laws.
Except as provided in this part, preservation easements are subject to the other laws of this state governing easements, generally. Any preservation easement may, with respect to the burdened land, entitle its owner to take certain action, to require certain action to be taken by the owner of the burdened land, or require that certain action not be taken by the owner of the burdened land, and under any such circumstances may be either appurtenant or in gross.
Renumbered and Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8a - State Historic Preservation Office › Part 5 - Historical Preservation Act › Section 505 - Rule Against Perpetuities and Rule Restricting Unreasonable Restraints on Alienation not applicable.

Effective 7/1/2023
9-8a-505.
Rule Against Perpetuities and Rule Restricting Unreasonable Restraints on Alienation not applicable.
The rule of property known as the Rule Against Perpetuities and the rule of property known as the Rule Restricting Unreasonable Restraints on Alienation may not be applied to defeat any of the provisions of this part or of any deed, lease, conveyance, covenant, easement, or other interest created or document executed in accordance with the provisions of this part.
Renumbered and Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 8a - State Historic Preservation Office › Part 5 - Historical Preservation Act › Section 506 - Charitable contribution for tax purposes.

Effective 7/1/2023
9-8a-506.
Charitable contribution for tax purposes.
Any conveyance of a preservation easement may be deemed a charitable contribution for tax purposes in accordance with the laws, rules, and regulations pertaining to charitable contributions of interests in real property.
Renumbered and Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 1 - Division of Indian Affairs › Section 101 - Title -- Definitions.

9-9-101.
Title -- Definitions.
(1) This chapter is known as the "Utah Division of Indian Affairs Act."
(2)
(a) As used in this chapter, "division" means the Utah Division of Indian Affairs created in Section 9-9-102.
(b) As used in this part, "Indian tribe" or "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.
Amended by Chapter 50, 1999 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 1 - Division of Indian Affairs › Section 102 - Division of Indian Affairs created -- Supervision by department.

9-9-102.
Division of Indian Affairs created -- Supervision by department.
(1) There is created within the department a Utah Division of Indian Affairs.
(2) The division shall be under the administration and general supervision of the department.
Amended by Chapter 50, 1999 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 1 - Division of Indian Affairs › Section 103 - Purpose.

9-9-103.
Purpose.
The division shall:
(1) develop programs that will allow Indian citizens residing on or off reservations an opportunity to share in the progress of Utah;
(2) promote an atmosphere in which Indian citizens are provided alternatives so that individual citizens may choose for themselves the kinds of lives they will live, both socially and economically;
(3) promote programs to help the tribes and Indian communities find and implement solutions to their community problems; and
(4) promote government-to-government relations between the state and tribal governments.
Amended by Chapter 50, 1999 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 1 - Division of Indian Affairs › Section 104 - Duties and powers.

9-9-104.
Duties and powers.
(1) The division shall:
(a) have all of the functions, powers, duties, rights, and responsibilities granted to it by this chapter;
(b) staff those committees or boards as specified in this chapter; and
(c) in accordance with policies set by state government, coordinate relations between:
(i) the state;
(ii) tribal governments;
(iii) other Indian groups; and
(iv) federal agencies.
(2) The division may:
(a) contract with public and private entities to provide services or facilities;
(b) acquire and hold funds or other property for the administration of the programs outlined in this chapter;
(c) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are necessary to carry out the duties of the division;
(d) accept gifts, grants, devises, and property, in cash or in kind, for the benefit of Indians; and
(e) apply or dispose of those gifts, grants, devises, and property received under Subsection (2)(d) for the use and benefit of Indians within the state.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 1 - Division of Indian Affairs › Section 104.6 - Participation of state agencies in meetings with tribal leaders -- Contact information.

Effective 7/1/2022
9-9-104.6.
Participation of state agencies in meetings with tribal leaders -- Contact information.
(1) For at least three of the joint meetings described in Subsection 9-9-104.5(2)(a), the division shall coordinate with representatives of tribal governments and the entities listed in Subsection (2) to provide for the broadest participation possible in the joint meetings.
(2) The following may participate in all meetings described in Subsection (1):
(a) the chairs of the Native American Legislative Liaison Committee created in Section 36-22-1;
(b) the governor or the governor's designee;
(c) the American Indian-Alaska Native Health Liaison appointed in accordance with Section 26B-1-305;
(d) the American Indian-Alaska Native Public Education Liaison appointed in accordance with Section 53F-5-604; and
(e) a representative appointed by the chief administrative officer of the following:
(i) the Department of Human Services;
(ii) the Department of Natural Resources;
(iii) the Department of Workforce Services;
(iv) the Governor's Office of Economic Opportunity;
(v) the State Board of Education; and
(vi) the Utah Board of Higher Education.
(3)
(a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
(i) designate the name of a contact person for that agency that can assist in coordinating the efforts of state and tribal governments in meeting the needs of the Native Americans residing in the state; and
(ii) notify the division:
(A) who is the designated contact person described in Subsection (3)(a)(i); and
(B) of any change in who is the designated contact person described in Subsection (3)(a)(i).
(b) This Subsection (3) applies to:
(i) the Department of Agriculture and Food;
(ii) the Department of Cultural and Community Engagement;
(iii) the Department of Corrections;
(iv) the Department of Environmental Quality;
(v) the Department of Public Safety;
(vi) the Department of Transportation;
(vii) the Office of the Attorney General;
(viii) the State Tax Commission; and
(ix) any agency described in Subsections (2)(c) through (e).
(c) At the request of the division, a contact person listed in Subsection (3)(b) may participate in a meeting described in Subsection (1).
(4)
(a) A participant under this section who is not a legislator may not receive compensation or benefits for the participant's service, but may receive per diem and travel expenses as allowed in:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107.
(b) Compensation and expenses of a participant who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
Amended by Chapter 245, 2022 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 1 - Division of Indian Affairs › Section 105 - Division director.

9-9-105.
Division director.
(1) The executive director of the department shall appoint the director of the division with the approval of the governor.
(2) The director shall be a person knowledgeable in the field of Indian affairs and experienced in administration.
Amended by Chapter 190, 1992 General Session
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 1 - Division of Indian Affairs › Section 107 - Division report.

Effective 5/5/2021
9-9-107.
Division report.
The department shall include a report of the division's operations and recommendations, including the division's activities under Section 9-9-113, in the annual written report described in Section 9-1-208.
Amended by Chapter 189, 2021 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 1 - Division of Indian Affairs › Section 108 - Investments.

9-9-108.
Investments.
Funds not allocated for use by the division shall be invested in accordance with Section 51-7-11.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 1 - Division of Indian Affairs › Section 113 - Geographic place names -- Role of division -- Report.

Effective 5/3/2023
9-9-113.
Geographic place names -- Role of division -- Report.
(1) As used in this section, "location name referring to American Indians" means the name of a place in the state that uses American Indian related terms.
(2)
(a) To facilitate the United States Board on Geographic Names' application process for changing a location name referring to American Indians, the division may create an application template for the following to use:
(i) a county in which a place with a location name referring to American Indians is located;
(ii) an Indian tribe that is connected to the geographic location referring to American Indians for which the Indian tribe seeks to change the name;
(iii) a local community in and around a place with a location name referring to American Indians; or
(iv) another person identified by the division.
(b) The application template described in Subsection (2)(a) shall encourage an applicant to solicit feedback from the one or more tribal governments that are connected to the geographic location for which the applicant is proposing to change the location name referring to American Indians.
(c) If the division assists a person applying to change the location name referring to American Indians, the division shall direct the person to consult with any tribal government that is connected to the geographic location for which the location name referring to American Indians is proposed to be changed so that a tribal government has an opportunity to provide an official response.
(d) The division may bring proposed name changes to location names referring to American Indians to tribal leaders to solicit input from the Indian tribes.
(3) The division shall provide on the division's website resources for applicants and information about proposed changes to location names referring to American Indians.
(4) In accordance with Section 9-9-107, the division shall annually report to the Native American Legislative Liaison Committee on the division's activities under this section.
Amended by Chapter 249, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 2 - State and Tribal Jurisdiction › Section 201 - Assumption by state of criminal and civil jurisdiction over Indians and Indian territory.

9-9-201.
Assumption by state of criminal and civil jurisdiction over Indians and Indian territory.
The state of Utah hereby obligates and binds itself to assume criminal and civil jurisdiction over Indians and Indian territory, country, and lands or any portion thereof within this state in accordance with the consent of the United States given by the Act of Congress of April 11, 1968, 82 Stat. 78-80 (Public Law 284, 90th Congress), to the extent authorized by that act and this chapter.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 2 - State and Tribal Jurisdiction › Section 202 - Special elections on acceptance or retrocession of state jurisdiction.

9-9-202.
Special elections on acceptance or retrocession of state jurisdiction.
(1) State jurisdiction acquired or retroceded pursuant to this chapter with respect to criminal offenses or civil causes of action shall be applicable in Indian country only where the enrolled Indians residing within the affected area of the Indian country accept state jurisdiction or request its retrocession by a majority vote of the adult Indians voting at a special election held for that purpose.
(2) These special elections shall be called pursuant to federal law.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 2 - State and Tribal Jurisdiction › Section 203 - Acceptance or rejection of cession of state jurisdiction -- Proclamation by governor.

9-9-203.
Acceptance or rejection of cession of state jurisdiction -- Proclamation by governor.
(1) If the governor receives a resolution signed by the majority of any tribe, tribal council, or other governing body duly recognized by the Bureau of Indian Affairs of any tribe, community, band or group in the state certifying the results of a special election expressly ceding criminal or civil jurisdiction of the Indian tribe, community, band, or group or its lands or any portion thereof to the state of Utah within the limits authorized by federal law, he shall either accept or reject the cession of jurisdiction within 60 days.
(2) If the governor accepts jurisdiction, he shall issue a proclamation within 60 days to the effect that civil or criminal jurisdiction shall apply, subject to the limitations of this chapter, to all Indians and all Indian territory, country, lands or any portion thereof of the Indian body involved to the extent authorized by the resolution. Failure to issue the proclamation within the time prescribed is considered a rejection of the assumption of jurisdiction.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 2 - State and Tribal Jurisdiction › Section 204 - Criminal jurisdiction.

9-9-204.
Criminal jurisdiction.
The state of Utah shall assume jurisdiction over offenses as set forth in this chapter, committed by or against Indians in the lands described in each tribal resolution 60 days after issuance of the governor's proclamation to the same extent it has jurisdiction over offenses committed elsewhere within the state. The criminal laws of the state shall have the same force and effect within these lands as they have elsewhere within the state.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 2 - State and Tribal Jurisdiction › Section 205 - Civil jurisdiction.

9-9-205.
Civil jurisdiction.
The state of Utah shall assume jurisdiction over civil causes of action as set forth in this chapter, between Indians or to which Indians are parties in the lands described in each tribal resolution 60 days after issuance of the governor's proclamation to the same extent it has jurisdiction over civil causes of action as elsewhere within the state. The civil laws of the state shall have the same force and effect within these lands as they have elsewhere within the state, except as otherwise provided by this chapter.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 2 - State and Tribal Jurisdiction › Section 206 - State jurisdiction subject to provisions of federal law and resolution of tribe.

9-9-206.
State jurisdiction subject to provisions of federal law and resolution of tribe.
The jurisdiction assumed pursuant to this chapter is subject to the limitations and provisions of the federal Act of Congress of April 11, 1968, 82 Stat. 78-80 (Public Law 284, 90th Congress), and the specific limitations set forth in each resolution ceding jurisdiction to the state, both as to geographical area and subject matter.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 2 - State and Tribal Jurisdiction › Section 207 - Retrocession of state jurisdiction -- Proclamation by governor.

9-9-207.
Retrocession of state jurisdiction -- Proclamation by governor.
(1) The state of Utah hereby obligates and binds itself to retrocede all or any measure of the criminal or civil jurisdiction acquired by it pursuant to this chapter whenever the governor receives a resolution from a majority of any tribe, tribal council, or other governing body duly recognized by the Bureau of Indian Affairs of any Indian tribe, community, band or group in this state, certifying the results of a special election and expressly requesting the state to retrocede jurisdiction over its people or lands or any portion thereof within the limits authorized by the Act of Congress of April 11, 1968, 82 Stat., 78-80 (Public Law 284, 90th Congress).
(2) The governor shall issue within 60 days a proclamation to the effect that jurisdiction has been retroceded for all these Indians and all Indian territory, country, lands or any portion thereof.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 2 - State and Tribal Jurisdiction › Section 208 - Limitations on state authority with respect to property and rights of Indians.

9-9-208.
Limitations on state authority with respect to property and rights of Indians.
Nothing in this chapter:
(1) authorizes the alienation, encumbrance, or taxation of any real or personal property, including water rights belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States;
(2) authorizes the regulation of the use of this property in a manner inconsistent with any federal treaty, agreement, or statute or with any regulation made pursuant to them;
(3) confers jurisdiction upon the state to adjudicate, in probate proceedings or otherwise, the ownership or right to possession of this property or any interest in it; or
(4) enlarges, diminishes, or deprives any Indian or any Indian tribe, band, or community of any right, privilege, or immunity afforded under federal treaty, agreement, statute, or executive order with respect to Indian land grants, hunting, trapping, or fishing or the control, licensing, or regulation of these.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 2 - State and Tribal Jurisdiction › Section 209 - Tribal ordinance or custom given full force and effect.

9-9-209.
Tribal ordinance or custom given full force and effect.
Any tribal ordinance or custom adopted by an Indian tribe, band, or community in the exercise of any authority that it may possess shall, if not inconsistent with any applicable civil law of the state, be given full force and effect in the determination of civil causes of action.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 2 - State and Tribal Jurisdiction › Section 210 - Criminal jurisdiction of state over hunting, trapping, or fishing offenses on reservations -- "Indian reservation" defined.

9-9-210.
Criminal jurisdiction of state over hunting, trapping, or fishing offenses on reservations -- "Indian reservation" defined.
As used in this part, "Indian reservation" means:
(1) all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights of way running through the reservation; and
(2) all Indian allotments, to which the Indian titles have not been extinguished, including rights of way thereon.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 2 - State and Tribal Jurisdiction › Section 211 - Hunting, trapping, or fishing on reservation a misdemeanor.

Effective 5/8/2018
9-9-211.
Hunting, trapping, or fishing on reservation a misdemeanor.
Any person who, without lawful authority or permission from constituted tribal authorities, willfully and knowingly goes upon any real property within an Indian reservation belonging to any Indian, or any Indian tribe, band, or community, that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States, for the purpose of hunting, trapping, or fishing thereon, or for the removal of game, peltries, or fish therefrom, is guilty of a class B misdemeanor, and all game, fish, and peltries in the person's possession shall be forfeited to the tribe.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 9 - Utah Division of Indian Affairs Act › Part 2 - State and Tribal Jurisdiction › Section 212 - Jurisdiction of tribe over hunting, trapping, or fishing offenses by member.

9-9-212.
Jurisdiction of tribe over hunting, trapping, or fishing offenses by member.
This chapter does not extend to offenses committed by an enrolled member of a federally recognized Indian tribe who is subject to the law of the tribe having jurisdiction of the Indian reservation, or in any case where the exclusive jurisdiction over the offense is, or may be, secured to the Indian tribes respectively.
Renumbered and Amended by Chapter 241, 1992 General Session