DAR File No. 38138

School and Institutional Trust Lands, Administration

Rule R850-61

Native American Grave Protection and Repatriation

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 38138
Filed: 11/13/2013 04:17:03 PM

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:

Subsections 53C-1-302(1)(a)(ii) and 53C-2-201(1)(a) authorize the Director of the School and Institutional Trust Lands Administration to prescribe the management of cultural resources on trust lands. Subsection 53C-1-201(5)(b) directs the agency to provide for the ownership and control of Native American remains as defined in Section 9-9-402, when they are discovered on trust lands.

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 have been received by the agency concerning this rule.

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

As the agency continues to develop various uses for the lands granted to the various trusts, proper handling of cultural resources located on those trust lands is of great importance. The need for this rule outlining the manner by which the agency provides for the ownership and control of Native American remains discovered on trust lands continues to be of great importance. 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:

• Kim Christy at the above address, by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at kimchristy@utah.gov

Effective:

11/13/2013

Authorized by:

Kevin Carter, Director