Native American Repatriation Restricted Account.

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  • (1) There is created a restricted account within the General Fund known as the "Native American Repatriation Restricted Account."
  • (2)
    • (a) The Native American Repatriation Restricted Account shall consist of appropriations from the Legislature.
    • (b) All interest earned on Native American Repatriation Restricted Account money shall be deposited into the Native American Repatriation Restricted Account.
  • (3) Subject to appropriation from the Legislature, the division may use the money in the Native American Repatriation Restricted Account as follows:
    • (a) for a grant issued in accordance with Subsection (6) to an Indian Tribe to pay the following costs of reburial of Native American remains:
      • (i) use of equipment;
      • (ii) labor for use of the equipment;
      • (iii) reseeding and vegetation efforts;
      • (iv) compliance with Section 9-8-404; and
      • (v) caskets;
    • (b) for tribal consultation, including:
      • (i) consultation time, drafting reports, taking detailed notes, communicating to the stakeholders, facilitating discussions, and traveling to individual tribal locations;
      • (ii) travel costs, including per diem and lodging costs, for:
        • (A) Utah tribal leaders and tribal cultural resource managers; and
        • (B) regional partner tribes;
      • (iii) meeting facilities for the division to host tribal consultations when the division determines that a state facility does not meet tribal consultation needs; and
      • (iv) costs for holding meetings under Subsection (3)(b)(iii); and
    • (c) for training tribal representatives, councils, and staff of a partner agency with repatriation responsibilities in the processes under Section 9-8-404 and rules made by the Division of State History in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including costs for:
      • (i) lodging and transportation of employees of the department or a partner agency; or
      • (ii) travel grants issued in accordance with Subsection (6) for tribal representatives.
  • (4) If the balance in the Native American Repatriation Restricted Account exceeds $100,000 at the close of any fiscal year, the excess shall be transferred into the General Fund.
  • (5) In accordance with Section 63J-1-602.1, appropriations from the account are nonlapsing.
  • (6) To issue a grant under this section, the division shall:
    • (a) require that an Indian Tribe request the grant in writing and specify how the grant money will be expended; and
    • (b) enter into an agreement with the Indian Tribe to ensure that the grant money is expended in accordance with Subsection (3).




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