DAR File No. 43362

This notice was published in the December 1, 2018, issue (Vol. 2018, No. 23) of the Utah State Bulletin.


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.: 43362
Filed: 11/08/2018 03:12:36 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 (Agency) to prescribe the management of cultural resources on trust lands. Subsection 53C-1-201(5)(b) directs that the Agency provide policies for the ownership and control of Native American remains, as defined in Section 9-9-402, that are discovered or excavated on School and Institutional 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 since the previous 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:

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

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

School and Institutional Trust Lands
AdministrationRoom 500
675 E 500 S
SALT LAKE CITY, UT 84102-2818

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:

11/08/2018

Authorized by:

David Ure, 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/2018/b20181201.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 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.  For questions about the rulemaking process, please contact the Office of Administrative Rules.