9-9-402. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 10/14/2025

As used in this part:

(1)"Antiquities Section" means the Antiquities Section of the State Historic Preservation Office.

(2)"Burial site" means a natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which as a part of the death rite or ceremony of a culture individual human remains are deposited.

(3)"Cultural affiliation" means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian tribe and an identifiable earlier group.

(4)"Director" means the director of the Division of Indian Affairs.

(5)"Division" means the Division of Indian Affairs.

(6)"Indian 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.

(7)"Lineal descendant" means the genealogical descendant established by oral or written record.

(8)"Native American" means of or relating to a tribe, people, or culture that is indigenous to the United States.

(9)"Native American remains" means remains that are Native American.

(a)"Nonfederal land" means land in the state that is not owned, controlled, or held in trust by the federal government.

(b)"Nonfederal land" includes:

(i)land owned or controlled by:

(A)the state;

(B)a county, city, or town;

(C)an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or

(D)a person other than the federal government; or

(ii)school and institutional trust lands as defined in Section 53C-1-103 .

(11)"Partner agency" means an agency of the state or a tribal agency that participates in the remains repatriation process.

(12)"Remains" means all or part of a physical individual and objects on or attached to the physical individual that are placed there as part of the death rite or ceremony of a culture.

(13)"Review committee" means the Native American Remains Review Committee created by Section 9-9-405 .

(a)"State land" means land owned by the state including the state's:

(i)legislative and judicial branches;

(ii)departments, divisions, agencies, boards, commissions, councils, and committees; and

(iii)institutions of higher education as defined under Section 53H-1-101 .

(b)"State land" does not include:

(i)land owned by a political subdivision of the state;

(ii)land owned by a school district;

(iii)private land; or

(iv)school and institutional trust lands as defined in Section 53C-1-103 .

(15)"Tribal consultation" means the state and the tribes exchanging views and information, in writing or in person, regarding implementing proposed state action under this part that has or may have substantial implications for tribes including impacts on:

(a)tribal cultural practices;

(b)tribal lands;

(c)tribal resources;

(d)access to traditional areas of tribal cultural or religious importance; or

(e)the consideration of the state's responsibilities to Indian tribes.

Amended by Chapter 9 , 2025 Special Session 1