Community and Culture, Indian Affairs

Rule R230-1

Native American Grave Protection and Repatriation

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34098
Filed: 09/16/2010 11:20:33 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 9-9-403(2) authorizes the Division of Indian Affairs to make rules for the disposal of ancient Native American remains consistent with Title 9, Chapter 8, Part 3, Antiquities, and in consultation with Native American groups, representatives of repositories, and the review committee established under Section 9-9-405.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments were received during or since the last five-year review.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Rule R230-1 defines the administrative process of repatriation, including setting time limits for agency reporting, tribal claiming, and outlines a process for the re-interment of remains that are unclaimed. Without this rule ancient Native American human remains would not have an administrative process for repatriation. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Forrest Cuch at the above address, by phone at 801-538-8788, by FAX at 801-538-8803, or by Internet E-mail at fscuch@utah.gov
• Rebecca Nelson at the above address, by phone at 801-538-8767, by FAX at 801-538-8888, or by Internet E-mail at rebeccanelson@utah.gov

Authorized by:

Forrest Cuch, Director

Effective:

09/16/2010