Title 9, Title 9: Cultural and Community Engagement

9-8-806. Claiming reposited materials held by a collecting institution. (1) Any person claiming title to reposited materials held by a collecting institution shall demonstrate that the person owns all right, title, and interest in the reposited materials to the reasonable satisfa…

9-8a-101. Definitions. As used in this chapter: (1) "Board" means the Board of State History created in Section. 9-8-204 (2) "Committee" means the National Register Review Committee created in Section. 9-8a-204 (3) "Office" means the State Historic Preservation Office created in …

9-8a-201. State Historic Preservation Office -- Creation -- Purpose. (1) There is created within the department the State Historic Preservation Office under the administration and supervision of the executive director or the designee of the executive director. (2) The office shal…

9-8a-202. Appointment of state historic preservation officer. (1) In accordance with 36 C.F.R. Sec. 61.4, the governor shall appoint the state historic preservation officer. (2) The officer shall administer: the office; and the state historic preservation program.

9-8a-203. Office duties. The office shall: (1) secure, for the present and future benefit of the state, the protection of archaeological resources and sites which are on state lands; (2) foster increased cooperation and exchange of information between state authorities, the profe…

9-8a-204. National Register Review Committee. (1) There is created the National Register Review Committee. (2) The committee shall be composed of nine members, at least five of whom have professional experience in: history; prehistoric and historic archaeology; architectural hist…

9-8a-205. Cultural Site Stewardship Program -- Definitions -- Creation -- Objectives -- Administration -- Activities. (1) As used in this section: "Cultural site" means a significant archaeological or paleontological site in the state as determined by the office. "Cultural site" …

9-8a-206. Utah Archaeological and Historic Sites Grant Program. (1) The office shall: administer the money contained in the grant program; and select qualified recipients in accordance with Subsection (2). (2) The office may distribute the money from the grant program to or on be…

9-8a-207. Public Lands Restoration and Protection Fund. (1) As used in this section, "fund" means the Public Lands Restoration and Protection Fund created in Subsection. (2) (2) There is created an expendable special revenue fund known as the "Public Lands Restoration and Protect…

9-8a-301. Purpose. (1) The Legislature declares that the general public and the beneficiaries of the school and institutional land grants have an interest in the preservation and protection of the state's archaeological and anthropological resources and a right to the knowledge d…

9-8a-302. Definitions. As used in this part and: (1) "Agency" means a department, division, office, bureau, board, commission, or other administrative unit of the state. (2) "Ancient human remains" means all or part of the following that are historic or prehistoric: a physical in…

9-8a-304. Antiquities Section created -- Duties. (1) There is created within the office the Antiquities Section. (2) The Antiquities Section shall: promote research, study, and activities in the field of antiquities; assist with the marking, protection, and preservation of sites;…

9-8a-305. Permit required to survey or excavate on state lands -- Public Lands Policy Coordinating Office to issue permits and make rules -- Ownership of collections and resources -- Revocation or suspension of permits -- Criminal penalties. (1) Except as provided by Subsectionsa…

9-8a-306. Archaeological or anthropological landmarks. (1) Sites of significance may be recommended to and approved by the board as state archaeological or anthropological landmarks. No privately owned site or site on school or institutional trust lands may be so designated witho…

9-8a-307. Report of discovery on state or private lands. (1) Any person who discovers any archaeological resources on lands owned or controlled by the state or its subdivisions shall promptly report the discovery to the office. (2) Any person who discovers any archaeological reso…

9-8a-308. Forgery or false labeling of specimens unlawful. It is unlawful to reproduce, rework, or forge any specimen or make any object, whether copied or not, or falsely label, describe, identify, or offer for sale or exchange any object, with intent to represent it as an origi…

9-8a-309. Ancient human remains on nonfederal lands that are not state lands. (1) If a person knows or has reason to know that the person discovered ancient human remains on nonfederal land that is not state land: the person shall: cease activity in the area of the discovery unti…

9-8a-401. Purpose. The Legislature determines and declares that the public has a vital interest in all antiquities, historic and prehistoric ruins, and historic sites, buildings, and objects which, when neglected, desecrated, destroyed or diminished in aesthetic value, result in …

9-8a-402. Definitions -- Office duties. (1) In addition to the definitions described in Section, as used in this part: 9-8a-302 "Effect" means an alteration to one or more characteristics of a historic property that qualify the historic property for inclusion in, or that make the…

9-8a-403. Placement on State or National Register. The board shall notify owners of sites, buildings, structures, or objects before placing those sites, buildings, structures, or objects on the State Register or nominating them to the National Register.

9-8a-404. Agency responsibilities -- State historic preservation officer to comment on undertaking -- Public Lands Policy Coordinating Office may require joint analysis. (1) Before approving any undertaking, an agency shall: take into account the effect of the undertaking on any …

9-8a-405. Federal funds -- Agreements on standards and procedures. By following the procedures and requirements of, the office may accept and administer federal funds provided under the provisions of the National Historic Preservation Act of 1966, the Land and Water Conservation …

9-8a-502. Legislative finding. The Legislature finds and declares that preservation and restoration of historically significant real property and structures as identified by the State Register of Historic Sites are in the public interest of the people of the state of Utah and sho…

9-8a-503. Preservation easement. Any owner of a fee simple interest in real property may convey, and any other party entitled to own real property interests may accept, a preservation easement pertaining to the real property if the real property possesses historical value that wi…

9-8a-504. Preservation easement -- Subject to other laws. Except as provided in this part, preservation easements are subject to the other laws of this state governing easements, generally. Any preservation easement may, with respect to the burdened land, entitle its owner to tak…

9-8a-505. Rule Against Perpetuities and Rule Restricting Unreasonable Restraints on Alienation not applicable. The rule of property known as the Rule Against Perpetuities and the rule of property known as the Rule Restricting Unreasonable Restraints on Alienation may not be appli…

9-8a-506. Charitable contribution for tax purposes. Any conveyance of a preservation easement may be deemed a charitable contribution for tax purposes in accordance with the laws, rules, and regulations pertaining to charitable contributions of interests in real property.

9-9-101. Title -- Definitions. (1) This chapter is known as the "Utah Division of Indian Affairs Act." (2) As used in this chapter, "division" means the Utah Division of Indian Affairs created in Section. 9-9-102 As used in this part, "Indian tribe" or "tribe" means a tribe, band…

9-9-102. Division of Indian Affairs created -- Supervision by department. (1) There is created within the department a Utah Division of Indian Affairs. (2) The division shall be under the administration and general supervision of the department.

9-9-103. Purpose. The division shall: (1) develop programs that will allow Indian citizens residing on or off reservations an opportunity to share in the progress of Utah; (2) promote an atmosphere in which Indian citizens are provided alternatives so that individual citizens may…

9-9-104. Duties and powers. (1) The division shall: have all of the functions, powers, duties, rights, and responsibilities granted to it by this chapter; staff those committees or boards as specified in this chapter; and in accordance with policies set by state government, coord…

9-9-104.5. Meetings with Tribal Leaders and Native American Indian organizations. (1) The division shall meet regularly with: elected officials of Indian Tribal Nations located in whole or in part in the state; or individuals designated by elected officials of the Indian Tribal N…

9-9-104.6. Participation of state agencies in meetings with tribal leaders -- Contact information. (1) For at least three of the joint meetings described in Subsection, the division shall coordinate with representatives of tribal governments and the entities listed in Subsectiont…

9-9-105. Division director. (1) The executive director of the department shall appoint the director of the division with the approval of the governor. (2) The director shall be a person knowledgeable in the field of Indian affairs and experienced in administration.

9-9-107. Division report. The department shall include a report of the division's operations and recommendations, including the division's activities under Section, in the annual written report described in Section.

9-9-108. Investments. Funds not allocated for use by the division shall be invested in accordance with Section.

9-9-112. Bears Ears Visitor Center Advisory Committee. (1) Utah extends an invitation to the Navajo Nation, the Ute Mountain Ute Tribe, the Hopi Nation, the Zuni Tribe, and the Ute Indian Tribe of the Uintah Ouray to form an advisory committee for the purpose of exploring the fea…

9-9-113. Geographic place names -- Role of division -- Report. (1) As used in this section, "location name referring to American Indians" means the name of a place in the state that uses American Indian related terms. (2) To facilitate the United States Board on Geographic Names'…

9-9-201. Assumption by state of criminal and civil jurisdiction over Indians and Indian territory. The state of Utah hereby obligates and binds itself to assume criminal and civil jurisdiction over Indians and Indian territory, country, and lands or any portion thereof within thi…

9-9-202. Special elections on acceptance or retrocession of state jurisdiction. (1) State jurisdiction acquired or retroceded pursuant to this chapter with respect to criminal offenses or civil causes of action shall be applicable in Indian country only where the enrolled Indians…

9-9-203. Acceptance or rejection of cession of state jurisdiction -- Proclamation by governor. (1) If the governor receives a resolution signed by the majority of any tribe, tribal council, or other governing body duly recognized by the Bureau of Indian Affairs of any tribe, comm…

9-9-204. Criminal jurisdiction. The state of Utah shall assume jurisdiction over offenses as set forth in this chapter, committed by or against Indians in the lands described in each tribal resolution 60 days after issuance of the governor's proclamation to the same extent it has…

9-9-205. Civil jurisdiction. The state of Utah shall assume jurisdiction over civil causes of action as set forth in this chapter, between Indians or to which Indians are parties in the lands described in each tribal resolution 60 days after issuance of the governor's proclamatio…

9-9-206. State jurisdiction subject to provisions of federal law and resolution of tribe. The jurisdiction assumed pursuant to this chapter is subject to the limitations and provisions of the federal Act of Congress of April 11, 1968, 82 Stat. 78-80 (Public Law 284, 90th Congress…

9-9-207. Retrocession of state jurisdiction -- Proclamation by governor. (1) The state of Utah hereby obligates and binds itself to retrocede all or any measure of the criminal or civil jurisdiction acquired by it pursuant to this chapter whenever the governor receives a resoluti…

9-9-208. Limitations on state authority with respect to property and rights of Indians. Nothing in this chapter: (1) authorizes the alienation, encumbrance, or taxation of any real or personal property, including water rights belonging to any Indian or any Indian tribe, band, or …