DAR File No. 40137

This notice was published in the February 1, 2016, issue (Vol. 2016, No. 3) of the Utah State Bulletin.


Heritage and Arts, Indian Affairs

Rule R456-1

Native American Grave Protection and Repatriation

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 40137
Filed: 01/14/2016 04:24:46 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:

This rule is authorized under Sections 9-9-104, 9-9-403, and 9-9-405. These statutes authorize the Division to issue rules to provide appropriate guidance, as to the disposition of human remains and associated funerary objects found on state lands and also provides for a minimal process for scientific study on discovered remains to determine cultural affiliation.

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

The Division of Indian Affairs had conducted a review of all Native American Grave Protection and Repatriation Act files and determined that the office did not receive any comments regarding the rule over the past five years.

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

The Division of Indian Affairs has determined that the rule is still required in order to facilitate the appropriate disposition of human remains, and to allow for minimal scientific study when necessary for discoveries found on state lands. 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:

Heritage and Arts
Indian AffairsRoom Suite A
250 North 1950 West
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

  • Shirlee Silversmith at the above address, by phone at 801-245-7209, by FAX at 801-521-4727, or by Internet E-mail at ssilversmith@utah.gov
  • Brian Somers at the above address, by phone at 801-245-7204, by FAX at , or by Internet E-mail at bsomers@utah.gov

Effective:

01/14/2016

Authorized by:

Shirlee Silversmith, Director


Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20160201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Shirlee Silversmith at the above address, by phone at 801-245-7209, by FAX at 801-521-4727, or by Internet E-mail at ssilversmith@utah.gov; Brian Somers at the above address, by phone at 801-245-7204, by FAX at , or by Internet E-mail at bsomers@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.